Concourt rules either parent can use maternity leave

THE Constitutional Court yesterday handed down a landmark judgment, effectively equalising parental leave rights in South Africa by granting all parents equal entitlements, regardless of gender, sex, colour, or circumstances.

- JONISAYI MAROMO

The court declared that parents will now be entitled to four months and 10 days of leave, which they may share between them.

This decision significantly alters the previous legal framework, which critics argued unfairly distinguished between maternity, parental, and adoption leave.

Employment law experts at Cliffe Dekker Hofmeyr (CDH) said the judgment is expected to have significant implications for employers, who will now be required to review and update their leave policies to ensure compliance and avoid discrimination.

"This new ruling marks a transformative shift towards equality and flexibility in parental leave, with immediate practical consequences for workplace policies and practices," the firm said.