According to the Basic Conditions of Employment (BCEA), full-time employees in South Africa, who had been working for longer than four (4) months for an employer is entitled to three (3) days family responsibility leave. This had been incapsulated in Section 27 of the Basic Conditions of employment. In the past this leave could have been taken, among other reasons, when an employee’s child is sick or at the birth of one’s child. On the other hand, Section 25 of the BCEA only related to maternity leave and was silent on the rights of the father (or non-birthing parent) pertaining to the birth of their child.
However, as from the 17th of February 2020, Section 25 and Section 27 of the Basic Conditions of Employment had been amended. As indicated below, Section 25A now deals with the birth of a child for the father (or non-birthing parent). Instead of the three (3) paid family responsibility leave days, the employee is now entitled to ten (10) unpaid parental leave days, similar to the conditions of maternity leave.
In addition, it seems that the part about “when the employee’s child is born” has been omitted from the Section 27. This amendment seems to suggest that an employee is not entitled anymore to family responsibility leave when a child is born.
It is important to note that although an employee might not be entitled to family responsibility leave when their child is born, it does not prevent the employer from applying their own discretion in such cases.
