Labour experts welcome ConCourt ruling on shared parental leave

Labour and Mediation Expert, Patrick Deale, says the Constitutional Court ruling on shared parental leave will bring much-needed relief for fathers, who were previously entitled to only 10 days.

The Constitutional Court on Friday, ruled that fathers are entitled to the same parental leave as mothers, which means parents can now share a total of four months and 10 days of parental leave.

The ruling declared existing provisions of the Basic Conditions of Employment Act unconstitutional for discriminating between mothers and fathers.

Speaking to Ynews, Deale says while mothers require more time at home after giving birth, the ruling provides a fair balance for both parents.

He added that the judgement makes it clear that 10 days was far too little for new fathers.

This applies to biological, adoptive, and commissioning fathers.

Both parents regardless of gender, sex, colour or circumstances will now be entitled to equal parental leave that they can share amongst themselves, which is four months and 10 days.

The court says that the difference in the parental leave entitlement between birth mothers and fathers amounts to unfair and unconstitutional discrimination.

“The declaration made by the high court that section 25 (A) 25 (B)a and 25 (C) of the BCE Act dealing with maternity and paternal leave together with the corresponding sections are invalid and inconsistent with the constitution to the extent that it unfairly discriminated between different classes to the length of parental leave available to parents and as to the unemployment benefits to which they are entitled and the periods for which unemployment benefits are paid is confirmed.”

Portfolio committee member on Employment and Labour, Michael Bagraim, says new parents are now free to negotiate additional leave with their employers — even after the Constitutional Court’s ruling allowing parents to share parental leave.

Bagraim says while the Unemployment Insurance Fund (UIF) will only cover the standard four-month period, employers and employees can still agree on more time off.

“If parents need extra time, they can request unpaid or even paid leave from their employer. That’s entirely up to both parties,” he said.

He encouraged parents to prioritise time with their newborns.

There have been mixed reactions to the ruling, on social media.

The ConCourt judgement on paternity leave shows that the constitution is a blunt instrument. It sometimes fails to take into account simple common sense. Being pregnant and giving birth takes a toll on the woman, not the man. She needs to recover. It doesn’t factor this in.

— Sakhile Njoko (@The_Njoko) October 3, 2025

First they said it’s okay, to take a woman’s surname, today fathers can have “maternity” leave too. Next episode LOBOLA is on the chopping block. Can’t wait. Anyone with money 💵,please take it,to ConCourt. We are equal, mos. https://t.co/dgGQPmHOl8

— mbokazi (@RealVincenzi) October 3, 2025

This ConCourt leave split ruling ayifuni feelings and emotions. Ifuna the current understanding concerning responsible parenting iqhubeke among the parents.

The TL discourse isn’t worth it.

— Mvelase Mthembu waseTugela (@XolileMlunguzi) October 3, 2025

The Concourt is our enemy as woman. We need to fight this ruling because u will share two months of leave with an absent father, what they will do, they will have to prove he is absent, instead of recovering and taking care of your baby, u will be chasing a man for leave days.

— Fundiswa Nkosiyane (@_FundiswaZ) October 3, 2025

Written by: Odirile Rabalao