Adoption Leave


This leave is regulated by the Adoption Leave National Standard Order (SL 452.111). This leave is designed to safeguard the employment rights of employees who have adopted a child but does not apply in the case of adoptions where the person adopted is the natural offspring of either of the parents.

An employee who is the parent of an adopted child is entitled to an uninterrupted period of eighteen weeks adoption leave whenever a child is adopted and such leave shall commence on the date when the child passes into the care and custody of the adoptive parent or parents by means of a judgment of a court of law in the country of origin. 

An employee on adoption leave is entitled to the first fourteen weeks of adoption leave with full wages but if the employee chooses to avail himself of any additional adoption leave beyond the fourteen weeks, the employer shall not be obliged to pay any wages for those weeks of adoption leave which go beyond the fourteen weeks, without prejudice to any relevant benefit in respect of any period of adoption leave which goes beyond fourteen weeks in terms of the Social Security Act to which the employee may be entitled if he chooses to avail himself of adoption leave beyond the paid fourteen weeks. 

In  the  case  of  a  single  parent,  adoption leave shall be  enjoyed  by  that parent.

In the case of more than one parent:

(i) if only one parent is in employment on the date of  adoption  of  the  child, adoption leave shall  be  enjoyed  by  that parent;

(ii) if both parents are in employment, whether with different employers or with the same employer, on the date of adoption of the child, each parent shall  be  entitled  to  such  part  of  the  adoption leave as they may agree in writing. 

Any employee who  intends  to  avail  himself  of  the adoption leave shall notify the employer in writing of the date when he intends to avail himself of such entitlement. This notification shall include a  written  statement  by  the  employee’s accredited adoption agency certifying  that  a  court date has been set for the hearing of the adoption case in the country of origin. The notification shall be given to the employer at least two weeks before the adoption  leave  begins,  in  so  far  as  is  reasonably practicable. 

Further information can be obtained from here​​​​​​​​​​​​​​​​​​​​​​​​​​