A landmark ruling extending parental leave to both parents in South Africa will have significant implications for employers across the country, an expert has warned.
The Constitutional Court upheld a ruling that now allows both birthing parents four months and ten days of consecutive parental leave, which can be shared as they choose, as opposed to the 10 days paternal leave previously afforded by law.
The ruling means South Africa’s parliament now has three years to make changes to the Basic Conditions of Employment Act 75 of 1997 (BCEA), which governs issues such as parental leave, but also ordered that in the interim, the new rules should apply immediately.
David Woodhouse, an employment law expert with Pinsent Masons in Johannesburg, said the ruling would create a new and immediate challenge for employers in South Africa.
“In this transitional period, employers are urged to consider their policies and procedures pertaining to parental leave closely and to update them in accordance with the court’s ruling,” he said.
“Compliance may not always be straightforward for employers, particularly without practice or established policies, and certain aspects of an employer’s compliance may require careful consideration. Matters that were previously outside of an employer’s ordinary purview, such as their employee’s spouse or partner’s employment and status, may necessarily become something employers have to take into account when processing parental leave claims.
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