Here’s why dads can finally share parental leave with moms

Maternity leave

Cape Town – The Constitutional Court has ruled that fathers are entitled to four months and ten days of parental leave, which they can share with the child’s mother.

According to EWN, the court found that the parental leave provisions in the Basic Conditions of Employment Act reinforced the assumption that women should be the primary caregivers of children.

The previous provisions were deemed discriminatory against fathers, as they limited men’s ability to participate in their child’s care.

Justice Zukiswa Tshiqi noted that while mothers should retain the full four months and ten days of leave, fathers should also be granted equal parental benefits.

“The declaration made by the High Court, that section 25A, 25B, and 25C of the BCE Act dealing with maternity and parental leave.

“Dealing together with the corresponding sections, 24, 26A, 27, 29A of UIF Act are invalid and inconsistent with the constitution, to the extent that they unfairly discriminate between different classes of parents as to the length of parental leave available to parents.

“And to the unemployment benefits to which they are entitled and the periods for which unemployment benefits are paid is confirmed”, said Tshiqi.

According to IOL, the matter originated from an application brought by Werner van Wyk and others, challenging the existing provisions of the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act (UIF Act).

The challenge argued that the legislation was discriminatory towards parents other than the birth mother—such as fathers, adoptive parents, and commissioning parents—by limiting them to just 10 days of parental leave, compared to the four months granted to birth mothers.

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Compiled by Anda Tolibadi

Article written by