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ACDP Shines Light on Paternity Leave

May 24, 2017

Parliament

A draft private member’s bill proposing paternity leave for fathers has been published in Government Gazette 39448 for comment.

The Draft Labour Laws Amendment Bill was drawn up by the African Christian Democratic Party’s (ACDP) Cheryllyn Dudley.

It seeks to introduce amendments to the Basic Conditions of Employment Act and the Unemployment Insurance Act.

According to the draft bill’s memorandum, it was drafted in response to appeals by fathers to the ACDP for paternity leave to be included in current labour law.

The party holds the view that the parental leave provision would facilitate early bonding between fathers and their children resulting in stronger families.

The proposed legislation also calls for adoption leave for adoptive parents and commissioning parental leave for commissioning parents in a surrogate motherhood agreement.

Other proposals include:

• to provide that a collective agreement may not reduce an employee’s entitlement to parental, adoption or commissioning parental leave;
• to amend the Unemployment Insurance Act of 2001, so as to provide for the right to claim parental and commissioning parental benefits from the Unemployment Insurance Fund;
• to provide for the application for, and the payment of, parental and commissioning parental benefits from the Unemployment Insurance Fund;
• to correct an obsolete reference to an Act;
• to provide that the number of contributors to whom parental and commissioning parental benefits were paid and the amount of such payments be included in the written report from the Director-General to the Minister;
• and to provide for matters connected.

Written comment on the draft bill is invited within 30 days of the date of publication of the notice.

It can be emailed to gmgidlana@parliament.gov.za and copied to cdudley@parliament.gov.za.