Tag: Unemployment Insurance Act (UIA)

The Johannesburg High Court has ruled that the current law regulating maternity leave, adoption leave and surrogacy leave in South Africa is unconstitutional and invalid, on the basis that it discriminates against different types of parents and violates their dignity and the interests of their children. 

Are employers obliged to grant employees leave over the holiday period where they have exhausted sick leave provisions due to COVID-19 infection or exposure? Employers have dedicated much of the year to implementing adequate health and safety measures in the workplace, including placing employees on paid sick leave at the onset of COVID-19 symptoms or following exposure to the virus.

The Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates sick leave entitlement. In terms of section 22 of the BCEA, the 'sick leave cycle' means the period of 36 months’ employment with the same employer immediately following an employee’s commencement of employment. 

Employees who wish to access the revised parental leave benefits of 10 days per annum paid by the Unemployment Insurance Fund will be able to do so with full rights under the Basic Conditions of Employment Act (BCEA) as of 1 January 2020.