Adoptive parents in South Africa have specific leave rights under the BCEA, separate from maternity and parental leave — introduced in the 2019 BCEA amendments.
An employee who adopts a child under the age of 2 qualifies for adoption leave. Where a child is adopted by a couple, one parent may take the 10-week adoption leave, and the other may take the 10-day parental leave instead.
As with maternity and parental leave, the employer is not required to pay salary during adoption leave. The employee may claim a UIF adoption benefit of up to 66% of salary (subject to the UIF earnings ceiling) for the leave period, provided they qualify under standard UIF contribution rules.
The same 10-week leave (called "commissioning parental leave") applies to one commissioning parent in a surrogate motherhood agreement, with the other commissioning parent eligible for the 10-day parental leave.
Yes — one parent can take the 10-week adoption leave, and the other can take the 10-day parental leave.
No — the 10-week adoption leave only applies to a child under the age of 2 at the time of adoption.
No — the employee must apply for it, and it depends on their UIF contribution history.
TSS Payroll tracks maternity, parental and adoption leave alongside annual and sick leave — all in one place.
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