ConCourt rules in favour of equal parental leave: Storm Roux reacts
- Oct 3, 2025
- 1 min read
Both parents, regardless of gender, sex, colour or circumstances will now be entitled to equal parental leave that they can share amongst themselves which amounts to 4 months, 10 days. This after the ConCourt unanimously confirmed constitutional invalidity against sections which deal with maternity and paternity leave under the Basic Conditions of Employment Act (BCEA) (and the corresponding UIF legislation) as the court finds that the difference in the parental leave entitlement between birth mothers and fathers amounts to unfair and unconstitutional discrimination. Legal expert Storm Roux, Senior Associate and head of URA Cape Town reacts.