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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 38

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 38

Page	38 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 25 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

38    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

(h)    if it is not reasonahl) practicable to do so. as soon as is rcasonabl) practicable.
               (5)   The payment of parental benefits a ill he determined by the Minister. subject to the provisions  of
                     the l Inenplo) nient Insurance Act. 201) I (Act No. 63 of 2001).
                                                  1413 ADOPTION LEAVE

(I )  An employee. who is an adoptive parent of a child v% ho k helm% the age of two. is subject to sub
                     clause (6). entitled to -
                     (a)    unpaid adoption leave of at least ten Weeks conseculkel : or
                     (h)    the parental Icare referred to in clause I-IA.
               (2)   An employee may commence adoption leave on the date -
                     (a)    that the adoption order is granted: or
                     (h)    that a child is placed in the care of a prospective adoptive parent b) a competent court.
                            pending the finalisation of an adoption order in respect of that child. whichever date occurs
                            first.
              (i)    An employee must notify an employ  in riting, unless the employee is unable to do so, of the
                     date on which the employee intend r,, -
                     (a)    commence adoption leave: ;aid
                     (h)    return to work after adoption leave
              (4)    Notification in terms of sub clause (3) must be given -
                     (a)    at least one month before the date referred to in sub clause (2); or
                     (h)    if it is not reasonabl) practicable to do so. as soon as is reasonably practicable.
              (5)    I1. an adoption order is made in respect of two adoptive parents. one of the adoptive parents ma)
                     apply for adoption leave and the other adoptive parent ma) apply for a parental leave referred to in
                     clause 14A. provided that the selection ofchoice must he exercised at the option of the two adoptive
                     parents.
              (6)    If a competent court orders that a child is placed in the care of two prospective adoptive parents,
                     pending the finalisation of an adoption order in respect of that child. one of the prospective adoptive
                     parents nia) apply f'r adoption leave and the other prospective adoptive parent may apply for the
                     parental Iea%e referred to in clause I 4A: Provided that the selection of choice must he exercised at
                     the option of the two prospective adoptive parents.
              (7)    The payment of adoption benefits will be determined h) the Minster. subject to the provision of the
                     t nemplo) nient Insurance Act. 2001 ( Act No. 63 of 20(11 ).

14(' COMMISSIONING PARENTAL LEAVE
              (1)    An employee. who is a commissioning parent in a surrogate motherhood agreement is. subject to
                     sub clause (6). entitled to -
                     (a)    unpaid commissioning parental leave of at least ten weeks consecinive: or
                     (h)   the parental leave referred to in clause I-IA.
              (2)    An employee may commence commissioning parental leave on the date a child is horn as a result
                     of a surrogate motherhood agreement.
              (31    An emploce must notif an entplo)er in writing. unless the employee is unable to do so. of the
                     date on which the employee intends to
                     (a)   commence commissioning parental leave: and
                     (h)    return to work after commissioning parental lase
              (4)    Notification in terms of sub clause (3) must be given

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