New Parental Leave Policy Example 2025
As from 3 October 2025, the entitlement to all categories of statutory parental leave is regulated, for an interim period of 36 months, by a Constitutional Court order issued on this date. This court order amends, with immediate effect, the Basic Conditions of Employment Act to abolish the previous differentiated categories of leave (maternity, paternity and parental leave) and to put everything under "Parental Leave" and in equal measure.
Employers must apply the new amendments and revise their leave policies accordingly. We are providing a generic policy template to assist in this process.
New Parental Leave explained - Oct 2025
On 3 October 2025, the Constitutional Court handed down judgement in a matter concerning the constitutionality of the current parental leave dispensation in South Africa. It confirmed that legislative changes need to be made, and has given interim’ reading-in’ provisions that must be applied while the legislative process takes it course.
In essence, all parents are now entitled to the same parental leave - regardless of their gender or birthing status. But, if both parents are employed, the total leave must be apportioned between them - so it does not double up. The leave is still unpaid in terms of the BCEA - but this is where the issue with UIF benefits will come in, because it will be an extra strain on the Fund if more parents (including adoptive/surrogate parents) now have the right to claim and for a longer period.Read more here: https://www.griesselconsulting.co.za/post/parental-leave-in-south-africa-changes-from-the-constitutional-court