A dad-to-be misses the implementation of the new parental leave laws by a few days. Can he claim them back?

A question of timing has this new dad concerned about his paternity leave. 

Good day,

My wife will be giving birth next week, 18 July 2019. My leave was pre-approved for the 18th to the 31st of July. 

However, today HR let me know that I'll only be able to take the 3 days Family responsibility leave as the new paternal benefits have not been gazetted. 

My question is why can't the administrative part be sorted and submitted on 1 August when I return to work, and the new benefits are Gazetted and in effect (31 July)? 

Will I now be forced to take 7 days of my annual leave?

Is there any way I could possibly claim back those days lost?

I would’ve loved to be home with my wife and newborn but since the Labour Dep./government/the system continuously fail at most things, the people always suffer as a result of their negligence. 

Thanks in advance.

Kindest regards,

A new dad 

An expert answers

Dear new dad,

Our view is that since the Department of Labour have been clear that there are pre-conditions to the activation of these amendments, a large one being that the regulations to the Act in this regard still need to be Gazetted, there would be no legal right to claim additional days referred to by you.

You will therefore have to take annual leave days and unless the Department of Labour regulations provide otherwise, you will not be able to recover these days.

Regards, 

John Botha

COO of Global Business Solutions

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