Tag: children

MATERNITY LEAVE

DID YOU KNOW – 

That a lady that has been in employment for a period of at least one year is entitled to paid maternity leave for a period of of 98 days in terms of the Labour Laws of Zimbabwe?

This position is expressed in terms of Section 18 of the Labour Act [Chapter 28:01] hereinafter referred to as “the Act”.  Where an employee may require more than the stipulated 98 days of maternity leave additional leave days can be granted to her by the employer as they exercise their discretion. The employer may grant the additional leave but it may come as unpaid leave. It is emphasised that the employee is not entitled to the additional leave days.

Where the mother is nursing(breastfeeding) she is permitted one hour a day or two thirty minute breaks where she can nurse her infant. Such breaks can be combined with other breaks that the employee is entitled to, so that the nursing breaks are longer an example of the normal breaks may be either tea or lunch break/s. The nursing mother is allowed to utilize this right for a period that does not exceed 6 months.

This information is for general purposes only. 

ESTATE PLANNING & ADOPTION

Adoption is the legal process through which the existing legal relationship between a child and his or her parents is terminated and a new legal relationship is created between the adoptive parent(s) and the adopted child. In our African context it is mostly done within family circles and within communities and therefore requires no documentation since after the parents of the child die, someone is chosen from amongst the family (relatives) to take care of the child or people from the community can assimilate such child into their own family. There is however, a formal legal process for adopting children. This involves complete strangers adopting or assimilating a child who is not related to them into their homes.
Adoption provides a child with a Constitutionally entrenched form of care and protection that ensures securing stability in a child’s life. All rights and liabilities existing between the child and their parents are terminated; they take the surname of the adoptive parents in substitution of the current one. Adoption of a child therefore is not done lightly, as its implications are serious and far-reaching.
The nature of adoption should make parents ponder on a few things. As your children grow, are you willing to make room for the possibility that they could be adopted after your death? If so, have you selected prime parents for that? If you have adopted children of your own during your lifetime, what provisions have you put in place to cater for your children ad their futures after you? All your children must be taken care of through your planning, including leaving the options open to have your children legally adopted after your demise.
Think this through as you look into the future. #MakeAPlan!

ESTATE PLANNING & DIVORCE

Divorce is the legal dissolution of a marriage by the High Court, which has permanent effects on the divorcing parties as well as other family members. Most affected by divorce are the children – who are dealt with as “ancillary issues” during the divorce proceedings. Children are included in the divorce by being catered for through discussions around custody and access rights of the divorcing parents, as a requirement of the Court. Custody reefers to the day-to-day control of the child which is usually enjoyed by the parent that lives with the child, while the non-custodian parent is awarded access rights to the minors. After the Court has issued its order, the parents continue with their lives and oftentimes start new marriages and have other children, creating blended families.

Once life has settled down, divorced parents do not think to the future of HOW their children could potentially be affected by their death/s. No frameworks and plans are in place to cater for the wellbeing of your children after your death, post-divorce. Have you identified people to step in to the gap once this happens? What role, if any, will your new partners in your children’s lives – will they be their custodians and legal guardians? Do you have answers to these questions yet? Have you thought about these before? What are you going to do?

What are your thoughts regarding your children after you die? You need to #MakeAPlan today.

This is for general information purposes only – Consult a Lawyer