Constitutional Court Rules That Both Parents Are Entitled To Leave Days Shared Among Each Other

• The Constitutional Court made a groundbreaking ruling that changed how couples experienced time off after the birth of a child
• The Court confirmed that the difference in the parental leave entitlement between men and women is unfair and unconstitutional
• Men are also entitled to paternity leave, and the ConCourt ruled that both the mother and the father would have to share the leave days

Tebogo Mokwena, Briefly News’ Deputy Head of Current Affairs, contributed coverage of international and local social issues, including health, corruption, education, unemployment, labour, service delivery protests, and immigration in South Africa, during his seven years at Daily Sun and Vutivi Business News.

JOHANNESBURG, GAUTENG — The Constitutional Court ruled in favour of men and women getting the same amount of paternity and maternity leave days.

According to SABC News, the court ruled on 3 October 2025 in Johannesburg, Gauteng, that both parents, irrespective of gender, sex, colour, or circumstances, will be entitled to equal parental leave. The couple would have to share the four months and 10 days entitled to them.

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The court also ruled that the difference between the genders in terms of leave entitlement was unfair and discriminatory. It thus ruled that sections of the Basic Conditions of Employment Act and the Unemployment Insurance Fund were invalid.

Source: Briefly News