Gender equality rights

CONSTITUTIONAL: CONCOURT RULING ON PARENTAL LEAVE WELCOMED

- Eric Mthobeli Naki

RULING. The Basic Conditions of Employment Act and UIF Act will both need updating.

(iStock)

The landmark Constitution court ruling allowing couples to share the statutory four-month parental leave between them has left many employers debating its implications in the workplace.

Labour lawyers and progressive bodies, including the Congress of South African Trade Unions, welcomed the judgment as a significant step towards gender equality in the workplace.

Lawyers also believe the judgment is a powerful affirmation of the constitutional rights to equality and dignity, and recognised that caregiving is not the exclusive responsibility of mothers and that both parents should have the freedom to decide how best to care for their child.

It will require an amendment to the Basic Conditions of Employment Act which currently provides mothers with up to four months of maternity leave and only 10 days for fathers.