Paternity leave in South Africa

by Cathrine Versfeld
Published: Updated:
Learn about paternity leave in South Africa, including your rights, benefits, and how to apply. A must-read for new and expecting fathers.
Reading Time: 5 minutes

Becoming a father is a life-changing experience, and taking time off to bond with your newborn is important for both you and your family. In South Africa, paternity leave is a recognised right, allowing fathers to take time off work to support their partners and connect with their new child. Written by Cathrine Versfeld.

Finally! In November 2017, Parliament adjusted parental leave and benefits to better reflect the kinds of demands that parenting puts on working adults. People may moan that enough is never enough, but let me tell you, every little bit helps. More specifically, for the first time, we’re not talking about maternity or paternity leave, but rather parental leave.

Paternity leave in South Africa

This is pretty ground-breaking stuff and we’ll get into the actual amount of leave in a second, but first allow me a brief moment to squeal. I’m squealing because this amendment to the law doesn’t just pertain to moms or even just dads, but dads that have dads for partners and partners who have partners whose genders are neither mentioned or relevant. PARENTS, people!

What paternity leave are fathers entitled to?

Now let’s get to the good stuff. Where mothers and fathers only got three days a year family responsibility leave before, we all get 10 days a year now! This means that finally, moms don’t have to dig into their annual leave when the children are sick. This amendment also acknowledges that fathers should be (and are more) involved in their children’s lives. It shows that the generational legacy of absent fathers is changing.

Maternity benefits in South Africa

Traditionally, when a baby is born, or when you adopt, the mother is entitled to six weeks maternity leave in South Africa, although this leave does not have to be paid leave. The law only requires that her job be kept for her for up to four months after the birth of her child. Men, on the other hand, only have their family responsibility leave to fall back on, and usually end up having to tap into their annual leave when their three days are up.

“This new legislation offering fathers more paternity leave might allow and encourage men to step up and share the burden.”

With this new law, an adoptive parent of a child under the age of two years will be able to spend 10 weeks at home with their partner and new baby. Where there are two adoptive parents, one will be entitled to the 10 weeks and the other to the 10 days’ parental leave. These initial moments of bonding are some of the most valuable and precious moments, least of all because the mother could use the sleep!

People always seem to think you need this leave the most when you have a new baby, but it goes so much deeper than that. When you have a new baby, the world tends to give you a break. Everybody is expecting you to be exhausted and confused, and you have a cuddly, adorable human to show for the dark rings under your eyes. But a few years down the line the attention has shifted; you’ve still got to earn a living and your adorable child has now become a decidedly larger, dirtier and less adorable bundle.

There is little sympathy or allowance for the endless nights spent cleaning up puke, taking temperatures and camping out on the couch with sick kids. This issue is doubled with every new child you have, not forgetting the distinct possibility that kids infect each other. This inevitably creates a domino effect that spirals into multiple sick days, doctors’ visits and, if you have an unpleasant boss, looks of deep suspicion when you get back to work. Because moms are generally considered the primary caretakers when a child is sick, she’s the one who must bear the brunt of the caring, along with the guilt and stress.

This new legislation offering fathers more paternity leave might allow and encourage men to step up and share the burden. So, dads, the next time somebody sees you with your kids at a doctor’s office and says something along the lines of “Giving the wife a break?” correct them with a “No, I’m a father.” You tell them: “I’m fathering my children.”

ALSO READ: Claiming UIF maternity benefits: your comprehensive guide

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BabyYumYum FAQ’s for paternity leave in South Africa

What is the duration of paternity leave in South Africa? In South Africa, fathers are entitled to 10 consecutive days of paternity leave, which can be taken when the child is born or adopted.

Who is eligible for paternity leave in South Africa? Paternity leave is available to fathers who are employed and have made contributions to the Unemployment Insurance Fund (UIF). This includes biological fathers, adoptive fathers, and even a spouse or partner who is in a permanent relationship with the mother of the child.

The Lily Rose Collection
The Lily Rose Collection

How do I apply for paternity leave? To apply for paternity leave, you must notify your employer at least one month before the expected birth date or adoption of the child. You may also be required to provide a medical certificate confirming the pregnancy or proof of adoption.

Will I be paid during paternity leave? Paternity leave in South Africa is unpaid by the employer. However, you can claim paternity leave benefits through the UIF, which pays a percentage of your normal salary, up to a certain limit.

How do I claim UIF for paternity leave? To claim UIF benefits for paternity leave, you need to submit a completed UI-2.7 form (Employer’s Declaration of Earnings) and UI-4 form (Application for Paternity Benefits) to the Department of Labour. You’ll also need to provide your identity document and the child’s birth certificate or adoption papers.

Can paternity leave be taken at any time after the birth? Paternity leave should ideally be taken immediately after the birth or adoption of the child. However, the timing can be agreed upon with your employer, as long as it is taken within a reasonable period after the event.

Is paternity leave separate from annual leave? Yes, paternity leave is separate from annual leave. It is a specific entitlement under South African labour law, and taking paternity leave should not affect your annual leave entitlement.

What happens if my employer refuses to grant paternity leave? If your employer refuses to grant paternity leave, you can report the matter to the Department of Labour, as this would be a violation of your legal rights. You are entitled to 10 days of paternity leave under the Basic Conditions of Employment Act.

Can I take paternity leave if I’m not married to the child’s mother? Yes, you are entitled to paternity leave regardless of your marital status. As long as you are the child’s biological father or in a permanent relationship with the child’s mother, you are eligible.

Are same-sex partners entitled to paternity leave? Yes, same-sex partners are entitled to paternity leave under South African law. The leave is available to any parent, regardless of gender, who is in a permanent relationship with the child’s other parent.

The Lily Rose Collection
The Lily Rose Collection

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