Long service leave act south africa

Sections 22 and 23 do not apply to an inability to work caused by an accident or occupational disease as defined in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993), or the Occupational Diseases in Mines and Works Act, 1973 (Act 78 of 1973), except in respect of any period during which no compensation is payable in terms of those Acts.

25. Maternity Parental leave

1. An employee is entitled to at least four consecutive months' maternity leave.

1. An employee who is a single parent is entitled, and employees, who are a pair of parents, are collectively entitled, to at least four months' consecutive months' parental leave, which, in the case of a pair of parents, be taken in accordance with their election, as follows:
   1. One or other parent shall take the whole of the period, or
   2. Each parent shall take turns at taking the leave.
   3. Both employers must be notified prior to the date of birth in writing of the election and if a shared arrangement is chosen, the period or periods to be taken by each of the parents must be stipulated'.
      
   1. at any time from four weeks before the expected date of birth, unless otherwise agreed; or
   2. on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee's health or that of her unborn child.
      
   1. commence maternity parental leave; and
   2. return to work after maternity parental leave.
      
   1. at least four weeks before the employee intends to commence maternity parental leave; or
   2. if it is not reasonably practicable to do so, as soon as is reasonably practicable.
      

   25A. Parental leave

   1. An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave. An employee who is a parent of a child is entitled to the leave stipulated in section 25(1).
      
   2. An employee may commence parental leave on -
      1. the day that the employee's child is born subject to the provisions of section 25(2) or
      2. the date -
         1. that the adoption order is granted; or
         2. that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child,
         1. commence parental leave; and
         2. return to work after parental leave.
            
         1. at least one month before the -
            1. employee's child is expected to be born; or
            2. date referred to in subsection 2(b); or

            25B. Adoption leave

            1. An employee, who is an adoptive parent of a child who is below the age of two, is subject to subsection (6), entitled to -
               1. adoption leave of at least ten weeks consecutively; or
               2. the parental leave referred to stipulated in section 25A.
                  
               1. that the adoption order is granted; or
               2. that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child,
                  whichever date occurs first.
                  
               1. commence adoption leave; and
               2. return to work after adoption leave.
                  
               1. at least one month before the date referred to in subsection (2); or
               2. if it is not reasonably practicable to do so, as soon as is reasonably practicable.
                  

               25C. Commissioning parental leave

               1. An employee ,who is a commissioning parent in a surrogate motherhood agreement is, subject to subsection (6), entitled to -
                  1. commissioning parental leave of at least ten weeks consecutively; or
                  2. the parental leave referred to in section 25A.
                  1. An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to leave as stipulated in section 25(1).
                     
                  2. An employee may commence commissioning parental leave on the date a child is born as a result of a surrogate motherhood agreement.
                     
                  3. An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to -
                     1. commence commissioning parental leave; and
                     2. return to work after commissioning parental leave.
                        
                     1. at least one month before a child is expected to be born as a result of a surrogate motherhood agreement; or
                     2. if it is not reasonably practicable to do so, as soon as is reasonably practicable.
                        
                     1. Where there are two commissioning parents, they shall each be entitled to leave as stipulated in section 25(1).
                        
                     2. In this section, unless the context otherwise indicates -
                        'commissioning parent' has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No.38 of 2005); and
                        'surrogate motherhood agreement' has the meaning assigned to it in section 1 of the Children's Act, 20015 (Act No.38 of 2005).

                     26. Protection of employees before and after birth of a child

                     1. No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.
                        
                     2. During an employee's pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if-
                        1. the employee is required to perform night work, as defined in section 17 (1) or her work poses a danger to her health or safety or that of her child; and
                        2. it is practicable for the employer to do so.
                           

                        27. Family responsibility leave

                        1. This section applies to an employee-
                           1. who has been in employment with an employer for longer than four months; and
                           2. who works for at least four days a week for that employer.
                              
                           1. . (Deleted by Act No.10 of 2018)
                           2. when the employee's child is sick; or
                           3. in the event of the death of-
                              1. the employee's spouse or life partner; or
                              2. the employee's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
                                 
                              1. the wage the employee would ordinarily have received for work on that day; and
                              2. on the employee's usual pay day.