Pre-adoptve Leave For Employees

Did you know…?

The Employment (Amendment) Act, 2021 amends the Employment Act, 2007 (the “Act”) to provide for pre-adoptive leave for employees?
Well, this is a new provision which was conspicuously missing in the Act. Accordingly, an employee shall be entitled to one month’s pre-adoptive leave with full pay from the date of placement of a child by an adoption society (the “Society”) in their continuous care and control. Such an employee would need to notify the employer of the Society’s intention to place the child in their care at least fourteen (14) days before the placement.

The notice would need to be accompanied by documents evincing the Society’s intention, including the following:
a) custody agreement; and
b) exit certificate – This is a written authority given by the Society to a prospective adoptive parent to take the child from the custody of the Society.
Noteworthy is the fact that an employee shall have the right to return to the job which they held immediately prior to the pre-adoptive leave or to a reasonably suitable job on terms and conditions not less favourable. Further, as is the case with maternity leave, an employee who takes the pre-adoptive leave shall not forfeit their annual leave in the year where the pre-adoptive leave is taken.

The provision will take effect on 15th April 2021 and it is important that employers align their contracts of employment with the Act.

NOW YOU KNOW!
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