US EditionNews24 | Moms, dads can share 4 months ‘maternity’ leave, rules ConCourt
The court ruled parents can share four months and 10 days of leave equally, overturning laws that limited fathers to 10 days, promoting gender equality in parenting rights.
- On Friday the South African Constitutional Court declared parents are entitled to four months and 10 days of shared parental leave, with immediate interim effect for practical use.
- Under the previous law mothers received four months while fathers received 10 days, and Werner van Wyk and others challenged the Basic Conditions of Employment Act and Unemployment Insurance Fund Act, arguing discrimination.
- Parents can split four months and 10 days as they elect, with disagreements apportioned so totals are close to half, and one parent employed may take the full leave.
- Employers face immediate policy changes as they must adjust leave policies and HR practices, while equality advocates, labour unions, and parenting groups widely welcomed the ruling despite concerns about UIF verification.
- Parliament now has 36 months to amend the laws, and the Department of Employment and Labour must report back six months before the suspension ends, aligning South Africa with countries such as Sweden, Norway and the United Kingdom.
12 Articles
12 Articles
BIG change for parental leave in South Africa
In a landmark ruling that redefines parental rights in South Africa, the Constitutional Court has confirmed a decision by the Gauteng High Court declaring the country’s existing parental leave laws unconstitutional. The court found that provisions under the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund (UIF) Act unfairly discriminated against fathers, adoptive, and surrogate parents by assigning maternity leave so…
Fathers entitled to equal parental leave, South Africa's top court rules
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 the 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 rule…
Coverage Details
Bias Distribution
- 60% of the sources are Center
Factuality
To view factuality data please Upgrade to Premium
