In a landmark ruling, the Constitutional Court has declared that parental leave following the birth of a child must be shared between both parents, granting fathers greater access to caregiving time. Delivering the judgment, Justice Laura Lumka Tshiqi stressed that caregiving responsibilities should not rest solely with mothers.
“Leave should not be restricted to mothers but should extend to fathers as well. Where only one parent is employed, that parent should be entitled to the full parental leave. There should be a requirement that the father qualifies as one who has assumed parental rights over the child as contemplated in the Children’s Act,” Tshiqi said.
Currently, the Basic Conditions of Employment Act provides biological mothers with four months of maternity leave, while fathers are entitled to just ten days. The new ruling allows parents to split the four months of leave as they choose, while mothers retain priority for recovery immediately after childbirth.
The judgment upholds a 2023 Gauteng High Court decision that found sections of the Act unconstitutional for limiting parental leave. It is expected to reshape South Africa’s parental leave policy by recognising fathers as equal caregivers and encouraging shared responsibility in early child-rearing.
VOC News
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