1. LABOUR PORTFOLIO COMMITTEE DOL RESPONSES TO PUBLIC COMMENTS
PRIVATE MEMBERS’ BILL

2. RESPONSES
Sonke Mosaic Seeks clarity on whether section 3 of the Bill refers to working days or Calendar day. DOL : Working days Sonke also proposes that BCEA section 25(1) to be amended to provide Payment of 6 month paid maternity leave claimed by both parents and 10 days pre-natal leave paid.

3. RESPONSE
DOL
This proposal is confusing it does not indicate whether this must be paid by the employer or UIF. If it must be paid by UIF then a new actuary assessment/report will be needed to check affordability.
If the intention is for Employers to pay this benefit then the amendments will have to be referred back to Nedlac for their consideration because this was not part of the Bill.
Section 25 whether adoptive mother entitled to both or not and they believe that this may discriminate between biological fathers and adopting fathers who may take the option of 10 weeks leave but biological fathers have 10 days paternity leave.

4. RESPONSE
Section 25C Sonke is of the view that 10 weeks as provided in the Bill for commissioning parental leave it must be increased to six Month and be paid 100%. DOL: This is another affordability matter. For the committee to consider these new proposals a new actuary study will be needed.

5. RESPONSE
Cosatu
Cosatu proposes that the weeks paid leave for adoptive parents should be increased to 4- 6 Months to equal the maternity provisions in the BCEA. Cosatu further proposes that the adoption benefit should be paid to all children even those that above two years.
DOL:
Cosatu never made this proposal at Nedlac for it to be discussed by all parties. Secondly this will increase the cost to the fund.

6. RESPONSE
CGE
CGE is proposing an amendment to section 25A(1) and (2)(a) and (b). proposal is confusing in that they suggest that you can give birth to a child and not be entitled to maternity benefits.
DoL
The proposal is confusing in that they suggest you can give birth to a child and not be entitled to maternity benefits; which is impossible in terms of the Bill.

7. RESPONSE
Section 26A(a)
CGE proposes that the word ‘ father’ in the subsection should replaced by the word parent.
DOL
Mothers of new born babies are automatically registered at the hospital. This is to specially deal with the father who may want to claim the benefit when his is not the father of the baby.

8. RESPONSE
CGE
Lastly proposes that the word parental Responsibility leave should be used as a general term instant of all the other names.
DOL
This will confuse the public because the BCEA uses parental Resposibity leave. And further the public under stands word adoption, paternity and mother who has gone through surrogate under stands the word commissioning clearly.

9. RESPONSE
Mr Terblanche is in support of the Bill as it is therefore there is no comment required from the Department.

10. THANK YOU
2019/04/08