Basic Conditions of Employment Act, 1997
R 385
Unemployment Insurance Act, 2001 (Act No. 63 of 2001)Chapter 3 : Claiming BenefitsPart EA : Commissioning parental benefits29A. Right to commissioning parental benefits |
| (1) | Subject to section 14, only one contributor of the commissioning parents is entitled to the commissioning parental benefits contemplated in this Part in respect of each child and only if— |
| (a) | the child has been born as a result of a surrogate motherhood agreement referred to in the Children’s Act, 2005 (Act No. 38 of 2005); |
| (b) | the period that the contributor was not working was spent caring for the child; and |
| (c) | the application is made in accordance with the prescribed requirements and the provisions of this Part. |
| (2) | The entitlement contemplated in subsection (1) commences on the date of childbirth. |
| (3) | When taking into account any commissioning parental leave paid to the contributor in terms of any other law or any collective agreement or contract of employment, the commissioning parental benefit may not be more than the remuneration the contributor would have received if the contributor had not been on commissioning parental leave. |
| (4) | For purposes of this section the maximum period of commissioning parental leave is ten consecutive weeks. |
| (5) | A contributor is not entitled to benefits unless he or she was in employment, whether as a contributor or not, for at least 13 weeks before the date of application for commissioning parental benefits. |
[Section 29A inserted by section 14 of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]
