LABOUR LAWS AMENDMENT BILL

1. ACDP Says attack on Afghan Parliament is attack on democracy and an attempt to disregard the will of the people * commends Afghan people who stand firm in face of terrorism * welcomes IPU attempt to gain global support to enable MP's to safely carry out their work 23 June 2015 PRESENTATION TO LABOUR PC 20April 2016 BY: CHERYLLYN DUDLEY, MP LABOUR LAWS AMENDMENT BILL

2. The Labour Laws Amendment Bill seeks to provide for parental leave, adoption leave and commissioning parental leave. It also provides for the payment of parental benefits as well as commissioning parental benefits from the Unemployment Insurance Fund.

3. This Private Members Bill, ie the Labour Laws Amendment Bill was drafted in line with African Christian Democratic Party (ACDP) policy on family values, the Green Paper on family, calls by COSATU

4. …and appeals made to the ACDP by fathers who felt strongly that provision should be made in law for “paternity leave”. Fathers play an important role in the upbringing of their children.

5. The ACDP is of the opinion that such a provision would facilitate early bonding between fathers and their children and that stronger and healthier families would be one of the many potential benefits for society as a whole.

6. White Paper on Families in South Africa 2013 “Exploring the possibility of calling for the inclusion of paternity leave in the Basic Conditions of Employment Act 75 of 1997 and strengthening the recognition of parenting and support for parents in the workplace” Department of Social Development

7. White Paper on Families in South Africa 2013Ensuring that labour policies and laws support gender equity at the workplace Recommend the development and implementation of paternity leave Department of Labour

8. The Bill which deals with parental leave and also provides for adoption and surrogacy leave, is drafted in a manner to harmonise it with current legislation and to ensure the provisions contained in the Bill will pass constitutional muster.

9. It is, however, important to note that the ACDP does not support, nor did it in the past support amendments to the Children’s Act, 2005 which allowed for same-sex couples to adopt children.

10. The Basic Conditions of Employment Act, 1997 provides that an employee may take four months maternity leave in respect of that employee’s child. This maternity leave is paid for by the Unemployment Insurance Fund.

11. It further provides that an employee who is the father of the child may take three days family responsibility leave when that employee’s child is born. The family responsibility leave is paid for by the employer.

12. The 3 days family responsibility per annum that fathers are entitled to is quickly exhausted as it also covers illnesses and deaths of family members.

13. An employee is entitled to adoption benefits from the Unemployment Insurance Fund BUT there is no legal obligation on employer to grant adoption leave

14. Currently, adoption leave is a matter for negotiation between individual employees and employers - a major obstacle in the way of encouraging adoption.

15. Neither the Basic Conditions of Employment Act nor the Unemployment Insurance Act make provision for leave nor payment of benefits where an employee has become a parent through a surrogate motherhood agreement referred to in the Children’s Act, 2005.

16. Important for well-being of society and children for both parents to play an active role in their lives.

17. CONSULTATION • Letter to: • UIF Board • Nedlac • Interaction with: • COSATU • Constituency • Henri Terblanche

18. COMPARISONSCameroon - 10 days paid paternity leave of which 3 are compulsory Australia – 14 paid daysKenya - 14 paid days Sweden - a combined 480 days leave for the parents to share

19. HENRI TERBLANCHEJustice Departments 2012-2013 annual report showed divorce rate up by 28% from 39 573 to 50 517. This has social & financial implications for families. London School of Economics Research 2010 found divorce rates lower in families where husbands help with housework and childcare.

20. Swedencouples 30% less likely to separate if father took more than two weeks leave to care for first child (Olah, 2001).

21. 120 or more days leave during 1990s – developed closer emotional relationships with children and felt more responsible for childcare after the leave period was over (Chronholm, 2004)

22. NorwayTwo in-depth studies of ‘leave sharing couples’ found that when fathers take leave ‘there is a redefinition and redistribution’ of tasks at home (Brandth and Kvande, 1998) and ‘a development of competence’ in childcare (Brandth and Kvande, 2005).

23. RICHARD BRANSONNew policy: 12 months paternity leaveEmployees must have been with Virgin more than 4 years to receive paternity or maternity leave pay of 100%Newer employees remunerated proportionally

24. Netflix USA Unlimited parental leave for first year of child’s life - full salary. They say “people tend to perform better at work when they are not Worrying about home.”

25. Virgin Allows staff to take as much time off as they want provided they and their team are up to date on projects and absense will not in any way damage the business

26. FINANCIAL IMPLICATIONS FOR THE STATE There will be financial implications for the State, in particular the Unemployment Insurance Fund, which will be required to pay the new benefits envisaged in this Bill.

27. PARLIAMENTARY PROCEDUREThe Bill should be dealt with in terms of procedure established by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution apply.

28. It is not necessary to refer this Bill to the National House of Traditional LeadersIt does not contain provisions pertaining to customary law or customs of traditional communities.