South Africa's Constitutional Court Grants Equal Parental Leave Rights to Fathers

Mon Oct 13 2025 21:04:21 GMT+0300 (Eastern European Summer Time)

A groundbreaking ruling by South Africa's highest court establishes equal parental leave for all new parents, signaling a major shift towards gender equality and parental rights.

In a landmark decision, South Africa's Constitutional Court has ruled that all new parents, including fathers, are entitled to equal parental leave. This ruling addresses the previous disparity where mothers received four months and fathers only 10 days of leave. The court deemed parts of the existing law discriminatory, paving the way for a more equitable family leave structure.

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 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) and the Unemployment Insurance Fund Act (UIF) unjust and ruled that they violated the rights of various family structures. The Gauteng High Court ruled that the law unfairly treated types of parents differently regarding the length of parental leave and unemployment benefits received.

The case was initiated by a couple and the Commission for Gender Equality, aiming to address the inequities primarily burdening mothers, highlighting that parenting responsibilities should be shared.

Justice Zukisa Tshiqi, delivering the ruling, emphasized the need for modern laws that recognize shared parental roles, stating that current practices marginalize fathers and overlook their involvement in caregiving.

The court provided a three-year suspension on its ruling's implementation, allowing Parliament to amend the existing laws to align with the decision. Until then, parents can decide how to share the current leave entitlements.

The decision is expected to significantly impact family dynamics and workplace policies, mandating organizations to revise their parental leave frameworks, affirming that nurturing a child is a mutual responsibility.