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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Restaurant, Catering and Allied Trades

Extension to Non-parties of the Main Collective Agreement

15B. Adoption Leave

 

(1) An employee, who is an adoptive parent of a child who is below the age of two, is subject to sub clause (6), entitled to—
(a) unpaid adoption leave of at least ten weeks consecutively; or
(b) the parental leave referred to in clause 15A.

 

(2) An employee may commence adoption leave on the date—
(a) the adoption order is granted; or
(b) that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalization of an adoption order in respect of that child,whichever date occurs first.

 

(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—
(a) commence adoption leave; and
(b) return to work after adoption leave

 

(4) Notification in terms of sub clause (3) must be given—
(a) at least one month before the date referred to in sub clause (2); or
(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.

 

(5) If an adoption order is made in respect of two adoptive parents, one of the adoptive parents may apply for adoption leave and the other adoptive parent may apply for a parental leave referred to In clause 15A. Provided that the selection of choice must be exercised at the opt on of the two adoptive parents.

 

(6) If a competent court orders that a child is placed in the care of two prospective adoptive parents, pending the finalization of an adoption order in respect of that child, one of the prospective adoptive parents may apply for adoption leave and the other prospective adoptive parent may apply for leave referred to in clause 15A. Provided that the selection  of choice must be exercised at the option of the two prospective adoptive parents.

 

(7) The payment of adoption benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No.63 of 2001).