A new era for parental leave in South Africa - and what it means for employers
How South Africa's parental leave is changing
When I think back to the early days after giving birth, I remember feeling every emotion possible: joy, exhaustion, vulnerability, pride, and fear. My body was healing, my mind was racing, and I was trying to figure out who I was now that my baby had arrived. I remember wishing my husband could have stayed home longer, not just to help, but to be there, fully, as we adjusted to this new chapter together.
That's why this month's (October 2025) landmark Constitutional Court ruling on parental leave feels deeply personal - and so important for working parents and employers across South Africa.
The ruling in a nutshell
Earlier this month (3 October 2025), the Constitutional Court confirmed what many parents have long known: that our parental leave laws were outdated and unequal. Until now, mothers received four months of maternity leave, while fathers got just ten days. Adoptive and surrogacy parents were treated differently again. The Court has now ruled that this system unfairly discriminates between parents. As an interim measure, all parents - biological, adoptive, or commissioning - are collectively entitled to four months and ten days of leave, to be shared between them however they choose. Parliament has 36 months to write this into law.
In short: South Africa is finally recognising that caregiving isn't gendered, it's shared.
What this means for organisations
This shift doesn't just affect HR policies. It challenges how companies think about family, wellbeing, and inclusion.
Time to review your policies
Even before new legislation arrives, organisations should start aligning now. Update "maternity" leave to "parental" leave. Make sure both parents (and adoptive/surrogacy parents) are covered fairly. Communicate clearly to teams: "We are mindful of the recent ruling; we are reviewing policy; you will be supported." Transparency matters.
Rethink your benefit strategy
This change presents an opportunity (not just a compliance headache) to revisit your benefits strategy and parental leave policy. A 2024 report showed that about 60% of South African employers offer fully paid maternity leave for the statutory four months. The rest either offer partial pay or rely on employees to claim from UIF. This new ruling means employers need to decide how shared leave will be funded - and who foots the bill. Your parental leave policy is an opportunity to stand out. Supporting parents equally builds loyalty, morale, and retention, especially among younger employees who expect progressive policies.
Prioritise care, not just compliance
Birth and early parenthood in any form are physically and emotionally demanding. For birthing mothers, it can mean healing from a difficult or even traumatic birth, facing sleepless nights, and worrying whether their team is managing without them — or worse, too well. For adoptive or commissioning parents, it's the equally intense transition of welcoming a child into their lives, often after months or years of anticipation, adjustment, and administrative hurdles.
Whatever the path to parenthood, those first months are a time of bonding, learning, and enormous change. Having a partner at home longer can make a world of difference - for recovery, for shared responsibility, and for emotional wellbeing. I would have loved that option - even if my husband might have chosen otherwise. What matters is that families have the choice. That's the heart of this ruling: giving all parents options, recognising the reality of care and adjustment, and making space for both partners to be present — however their family is formed.
Why this matters beyond policy
Parental leave is about more than paperwork. It's about recognising that employees are whole humans, not just workers who "pause" their careers for a few months. This ruling pushes all of us - leaders, employers, HR teams - to think differently about how we support people through major life transitions. It's a chance to move from compliance to compassion. To design benefits that reflect modern families. To help new parents return to work with energy, confidence, and connection.
Because when we make space for parents to be present at home, we don't just build stronger families, we build stronger organisations too.
