Botswana: Joining the global trend, expanding family leave entitlements

Employer Action Code: Monitor

The Employment and Labor Relations Bill (Bill No. 10 of 2025) has passed its second reading in Parliament. The bill would consolidate three existing acts (The Employment Act, The Trade Unions and Employers’ Organisation Act, and The Trade Disputes Act) as a single comprehensive law and introduce a variety of mostly employee-friendly changes in employment matters, most notably to the laws on leave and termination.

Key details

The bill would introduce the following changes to existing leave provisions:

• Increasing maternity leave from 12 to 14 weeks, paid by the employer at 70% of base pay (currently 50%); the entitlement to maternity leave would be transferrable to the father in the event of the mother’s death or disability
• Introducing five days of employer-paid paternity leave, at 100% of pay, and 10 weeks of adoption leave for parents adopting a child under age two
• Providing for three days of employer-paid family responsibility leave per year, to be used in situations such as serious illness or death of a family member
• Introducing 20 days of employer-paid leave for hospitalization, as a separate entitlement from sick leave

Proposed changes related to employment contracts and termination include:

• Introducing a presumption of an employment relationship, according to which individuals providing service to an employer (e.g., contractors) would be considered to be indefinite-term employees unless they meet certain criteria validating their categorization as a contractor
• Capping probation periods at six months for all employees (currently three months for unskilled workers and 12 months for skilled workers) and establishing a new requirement that employers inform probationary employees of any shortcomings in their performance and provide support, training and time to improve performance before proceeding to dismissal
• Limiting the maximum duration of fixed-term contracts to 12 months, unless objectively justified, and equalizing the treatment of employees engaged under fixed-term employment with that of permanent staff
• Expanding employment protections by, among other things, broadening unfair dismissal to include dismissal for pregnancy and union activity, requiring employers to develop fair processes and procedures for addressing misconduct and incapacity, and imposing new employee consultation requirements in the event of downsizing or restructuring
• Establishing a Mediation and Arbitration Commission to resolve labor disputes (currently handled by multiple bodies)

Employer implications

The bill must go through a third reading in Parliament and be signed by the president before it becomes law. Employers should monitor the final stages of the legislative process and prepare to adjust their employment policies and practices accordingly.