OCTOBER 2025 – SOUTH AFRICA
BCEA PARENTAL LEAVE LAWS DECLARED UNCONSTITUTIONAL
It is important that employers note the following:
Parental leave laws declared unconstitutional – BCEA and UIF Act to be amended
On Friday, 3 October 2025, the Constitutional Court handed down a judgement granting all parents equal parental leave rights. The Constitutional Court upheld a High Court ruling declaring parts of the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Act (UIA) unconstitutional. The existing provisions, which granted four months of maternity leave exclusively to mothers and ten days of parental leave to fathers, was found by the court to be discriminatory.
Under the new interim ruling, all parents, regardless of gender or the nature of parenthood (biological, adoptive, or commissioning), have an equal entitlement to four months and ten days of parental leave, which may be shared between both parents. The birthing mother remains entitled to a compulsory six-week medical recovery period following childbirth, which forms part of the shared parental leave entitlement.
The Constitutional Court suspended the declaration of invalidity for 36 months, allowing Parliament time to amend the BCEA and UIA to align with the ruling. Employers are advised to review and update their leave policies in anticipation of these legislative amendments. Until Parliament amends the legislation, parents may share four months and ten days of parental leave, marking a major step toward equal caregiving rights for all families.
To view the Judgement, follow the link.
