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

Tue Oct 21 2025 08:22:51 GMT+0300 (Eastern European Summer Time)

In a landmark decision, South Africa's highest court rules that all parents are entitled to equal parental leave, marking a significant step towards gender equality and shared parenting.

South Africa's Constitutional Court has ruled that both mothers and fathers are entitled to equal parental leave, marking a critical advancement in gender equality and family rights. Previously, mothers received four months of leave while fathers only received ten days. This ruling allows parents to share leave as they see fit, addressing outdated disparities in the law and underscoring the shared responsibility of child-rearing.

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 then recognized the unfair treatment parents faced regarding parental leave and unemployment benefits.

The case was brought by a married couple along with the Commission for Gender Equality, seeking to correct the societal burden placed primarily on mothers, emphasizing the importance of shared parenting.

Justice Zukisa Tshiqi stated that both parents should be entitled to share the available leave days as they see fit, calling the existing law outdated and unfairly burdensome on mothers.

Experts warn that the ruling will significantly impact workplace policies as employers will need to revise their parental leave regulations to comply with the new legislation.

The court has suspended its declaration of invalidity for three years, giving parliament time to amend the current laws to align with its judgement. During this period, parents will have the flexibility to decide how they want to share the parental leave.