The Constitutional Court has ruled that parents can now split four months of maternity leave between them, which brings significant changes to how employees take time off.
According to the Constitutional Court ruling, both parents now have an equal entitlement to parental leave, with parents allowed to adjust their leave to a maximum of 4 months of maternity leave and 10 days of paternity leave.
Single parents and those where only one parent works are entitled to at least four consecutive months of support.
The ruling is seen as a significant victory for inclusivity. It can ensure that mothers are not excluded from the workforce, while still allowing them to have a parent present in the early months.
It also allows fathers and non-birth parents to expand their rights from ten days, allowing them to share in their child’s early development.
Birth mothers will still need to take six weeks of post-birth recovery leave, counted as part of the shared total.
Parents will be allowed to split their leave, either concurrently or consecutively. If no agreement is reached, the leave should be split evenly.
While a welcome ruling, the ruling will now result in major Human Resources changes across South Africa.
Natashia Moosa, Commercial Manager for Africa & Middle-East at Workforce Staffing, said that businesses will now need to plan for more prolonged absences.
They will also need to accommodate shared leave arrangements.
What this means for employers
In most cases, only one parent will be absent at a time; however, when both work for the same employer, overlapping or back-to-back leave periods require careful scheduling.
Paid leave beyond UIF benefits adds another layer of cost considerations, as employers must consider hiring temporary staff, redistributing responsibilities, or upgrading HR systems.
UIF benefits also currently only apply to birth mothers, with non-birth parents, including fathers, will only be able to access UIF benefits once Parliament updates the legislation.
In the 3 years that parliament has been given to update the legislation, the UIF will need to determine how to accommodate extended leave for a broader group of parents.
In the meantime, Moosa said that employers can get ahead by:
- Updating policies and contracts to reflect gender-neutral parental leave.
- Replacing terms like “maternity” and “paternity” with “parental leave.”
- Introducing Shared Leave Agreements to clarify whether leave is taken concurrently or consecutively.
- Training managers to support fathers and non-birth parents reasonably and foster an inclusive workplace culture.
While it may provide an administrative headache, offering inclusive parental leave will also become a talent attraction factor, making strategic planning for these costs essential.
Employers can also further support employees by clearly communicating new rights, planning for coverage in advance, and offering measures such as phased returns or childcare support.
Although there are no tax incentives for extended leave, investing in inclusive policies helps attract and retain talent, positioning businesses as progressive and equitable.
“By replacing rigid maternity and paternity distinctions with a flexible, gender-neutral approach, fathers and non-birth parents can now take substantial time off to care for their children,” said Moosa.
“Businesses that embrace these changes benefit from stronger employee engagement, improved retention, and a reputation as an inclusive, equitable employer.”
