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South Africa’s Top Court Grants Four Months’ Parental Leave to All Parents

The ruling triggers legislative changes to employment and insurance statutes.

Overview

  • Justice Zukisa Tshiqi delivered the Constitutional Court judgment in Johannesburg, establishing equal four-month parental leave for all parents.
  • Parliament was directed to amend the Basic Conditions of Employment Act and the Unemployment Insurance Act to align benefits and coverage with the ruling.
  • Trade union federation Cosatu welcomed the decision and said it will engage the Department of Employment and Labour at Nedlac on implementing the changes.
  • The Commission for Gender Equality endorsed the judgment, highlighting equal treatment for birth, adoptive and commissioning parents and urging swift legislative action.
  • Economist Mandla Maleka criticized the ruling as economically unsound, warning of higher employer costs and predicting companies could turn to AI or other substitutions when workers take leave.