Groundbreaking Parental Leave Ruling in South Africa: A Step Toward Equality

Sun Oct 12 2025 21:11:57 GMT+0300 (Eastern European Summer Time)

South Africa's Constitutional Court mandates equal parental leave for fathers, challenging outdated laws and promoting gender equality.

In a landmark ruling, South Africa's Constitutional Court has declared that all parents of newborns are now entitled to equal parental leave. This decision addresses the disparity in current laws, which provide mothers with four months of leave compared to the mere 10 days granted to fathers. The court deemed the existing laws discriminatory and emphasized the shared responsibility of parenting, paving the way for more equitable family rights. Stakeholders celebrate this ruling as a historic win for gender equality and family dynamics.

South Africa's highest court has unanimously ruled that all parents of new-borns are entitled to equal parental leave - a landmark judgment hailed as a major victory for gender equality and family rights.

Under current law, mothers are granted four months of leave, while fathers receive just 10 days.

In its ruling, the Constitutional Court declared parts of the legislation unconstitutional, calling it discriminatory against fathers, and ruled that both parents may now share the granted leave however they choose.

This is a ground-breaking step for equality, family wellbeing, and the future of fatherhood in South Africa, said Sthembiso Phakathi, founder of Single Dads Network.

In 2023, a lower court found certain sections of the Basic Conditions of Employment Act (BCE) Act and the Unemployment Insurance Fund Act (UIF) unjust and ruled that they violated the rights of various family structures.

The Gauteng High Court then ruled that the law unfairly treated types of parents differently regarding the length of parental leave and unemployment benefits received.

The case was brought to court by a married couple, the Commission for Gender Equality and others, who sought to address the unfair societal burden placed primarily on mothers, highlighting that parenting responsibilities should be shared.

Delivering the ruling on Friday, Justice Zukisa Tshiqi said that both parents should be entitled to share the available days as they saw fit, describing the current law outdated and one which unfairly burdened mothers and excluded fathers.

Justice Tshiqi emphasized that the ruling was not only about gender equality but also about protecting the dignity of families, noting the need for family wellbeing during critical early stages of a child's life.

The petitioners welcomed the ruling, while legal experts warned that the decision would have far-reaching implications for employers, who will need to alter their leave policies to comply.

The court has suspended its declaration of invalidity for three years, allowing parliament time to amend the laws in accordance with its judgment. In the meantime, parents will have to decide how to share the available leave, with guidelines allowing flexibility depending on employment status.