The Constitutional Court has ruled that parental leave of 4 months and 10 days can be shared between parents, regardless of gender, sexual orientation, or family structure.

This ruling replaces “maternity leave” with “parental leave,” allowing both parents to share four months of leave as they choose.

The ruling upholds a 2023 High Court ruling that declared maternity and paternity leave provisions in the Basic Conditions of Employment Act and Unemployment Insurance Fund Act unconstitutional due to discrimination against non-birthing parents.

The ruling is set to benefit fathers, adoptive parents and surrogates.

Senior Associate at Webber Wentzel, Nkosinathi Thema, represented the couple, Werner and Ika van Wyk, who took the Minister of Employment and Labour to court on the matter.

Thema says this is not about enforcing equal parental leave, but about giving parents the choice.

“The court has not prescribed that everyone should now take a certain amount of leave…but it’s affording parents a leeway, an element of choice, as to who the primary caregiver should be.”

Meanwhile, Sesame Workshop International South Africa has described the ruling as a bold step toward true gender equality and recognition of diverse families.

They say it will go a long way in shifting the narrative of fatherhood from “just a provider” to an active nurturer and partner.

The organisation says decades of research show that involved fathers – biological or social – transform children’s lives.

“Children with engaged fathers have better educational, emotional, and social outcomes, and families are stronger and more resilient.”

Crucially, the new law does not take time away from mothers – it gives families the freedom to choose how best to care for their children.

“Both parents can now share four months of leave, reflecting the reality of diverse families and modern caregiving.”

The team has encouraged South Africans to seize this moment, issuing a call to fathers to show up and claim their right to care and to employers to support equal parental leave.

“To all South Africans: Let’s celebrate and support fathers – not just as breadwinners, but as loving, nurturing, and equal partners in care. When we do, we build a stronger, more equal South Africa for everyone.”

Parliament now has 36 months to amend the laws, with interim sharing rules effective immediately, including notifications to employers and verification processes.

There has been some concern about the practicality of the ruling, including how employers will verify how much parental leave the other parent is taking from another employer, and UIF considerations.

READ THE FULL RULING HERE.