Authored By: Ayanda Mabusela
EDUVOS
ABSTRACT
South Africa’s progressive legal landscape, actively addressing the concerns of marginalised voices. particularly the Constitution, is reflected in the recent Constitutional Court ruling of October 3, 2025. This decision establishes a transformative framework centered on equality and the recognition of the diverse nature of contemporary families, correcting historical biases within parental leave laws. The ruling mandates non-gendered parental leave, presenting new financial and operational challenges for businesses. Employers must proactively address potential staffing and financial implications, such as through cross-training initiatives. Aligning policies with this ruling enhances corporate attractiveness in the competitive South African job market, supporting talent acquisition and retention.
INTRODUCTION
In the landmark case of Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20,1delivered on October 3, 2025, the Constitutional Court of South Africa established a significant legal precedent regarding parental leave. This ruling, as the definitive pronouncement of South Africa’s apex court, establishes the legal precedent for parental leave, mandating equal entitlements for all parents, irrespective of gender, familial composition, or parental role.2 This ruling mandates equal rights for all parents, regardless of gender, family structure, or parental status, marking a pivotal shift in South African labour law towards equal parenting rights and shared responsibilities. The ruling fosters flexibility, equality, and shared caregiving for parents, empowering families to tailor their parental leave arrangements according to their specific needs. Furthermore, it acknowledges that caregiving and bonding are independent of gender, sex, or marital status. 3 Consequently, South African companies are urged to proactively address operational and financial implications, including staffing and costs, while implementing inclusive parental leave policies. Strategic planning involving cross training, temporary staffing, and market research will be essential to ensure organisational benefits and profitability. 4
Legal framework
Paternity leave in South Africa, as outlined in the Basic Conditions of Employment Act (BCEA) (No. 75 of 1997). The amendments Section 25 of the BCEA (No. 10 of 2010)5signify a pivotal shift towards promoting gender equality and fostering active fatherhood within South African labour law. The Basic Conditions of Employment Act 1997, specifically, Section 25 allows for four consecutive months of maternity leave, while both employed parents are collectively entitled to four months and ten days of parental leave, in addition to any previously accrued leave. Following a Constitutional Court ruling, this entitlement has been affirmed, addressing the unconstitutionality of prior maternity leave legislation. The ruling aligns with the Unemployment Insurance Fund (UIF) Act, providing financial relief during parental leave. In 2023, the High Court determined that existing provisions were discriminatory, imposing disproportionate burdens on women and undermining traditional caregiving roles.6
Judicial Labour legislation
The case of Van Wyk and others v Minister of Employment and Labour (Centre for Human Rights, University of Pretoria and others as Amici Curiae) [2023] JOL 61470 (GJ)7addresses the alleged unconstitutionality of sections 25, 25A, 25B, and 25C 8of the Basic Conditions of Employment Act 75 of 1997 (BCEA), concerning maternity and parental leave. The BCEA, part of a broader employment and labour relations framework, draws its core values from the Constitution, specifically sections 13, (Right to freedom from discrimination) 18, (Right to freedom of association) 22, (Right to choose one’s trade, occupation, or profession) and 23, (Right to fair labour practices) emphasising equality and fairness in employment. Section 9 of the Constitution on the right to equality and section 10 of the Constitution on the right to dignity, of course, pervade every aspect of life. The central issue was whether specific provisions of the BCEA sections (25, 25A, 25B, 25C, and 26) were unconstitutional due to their discriminatory nature against individuals, violating sections 9 and 10 of the Constitution. The applicants include Werner and Ika van Wyk, a married couple and parents; Sonke Gender Justice, a gender equality advocacy group; and the Commission for Gender Equality. The case, initiated by a married couple, the Commission for Gender Equality, and others, challenged the inequitable societal burden on mothers, advocating for shared parenting responsibilities.9
These sections, within Chapter 3 of the BCEA, govern minimum leave related to employees’ parental roles, differentiating between children born to a mother, born via surrogacy, and adopted children. The applicants argued that differing leave durations for birth mothers and fathers, adoptive parents, and parents via surrogacy constituted unfair discrimination, violating parental dignity. They contended for equal leave duration across all categories and challenged the two-year age limit for adoptive parents’ leave as irrational and discriminatory. The court ruled that the unequal treatment of parents under the BCEA, where mothers received 4 months’ maternity leave and fathers received only 10 days’ leave, was discriminatory, as it reinforced stereotypes of primary and ancillary caregivers.10
The court found the ten-week leave granted to commissioning/genetic mothers (surrogacy births) who experienced no physiological trauma to be unsustainable, thus validating the applicants’ claims. The BCEA’s adoption leave policy is discriminatory because it gives adoptive parents less leave (10 weeks) than birth mothers (16 weeks), unfairly treating adoptive families and their children. The relevant BCEA provisions were deemed unconstitutional, violating sections 9 and 10 of the Constitution, necessitating parliamentary action to eliminate inequalities. As an interim measure, all parents were entitled to share four consecutive months of parental leave, allowing them to allocate it as they deemed fit.11 The BCEA limits parental leave for adoption to children under two years old, which may not account for bonding needs of older adopted children, but the policy aims to prioritise early childcare.12 It was held by the court that the two-year age requirement under the BCEA for adoption leave is not unfair discrimination, and that more extensive bonding requirements are better met by the Children’s Act than the BCEA.
Basic Conditions of Employment Act (BCEA) does not address surrogacy since legislation is provided in Chapter 19 of the Children’s Act, which differs from labour law. While a surrogate mother takes time to recover from giving birth, she doesn’t require performing early childcare, the primary purpose of parental leave.13 which is separate from employment law. While a surrogate mother requires time to recover from childbirth, she is not responsible for early childcare, the primary purpose of parental leave. Currently, she is entitled to four months of leave post-childbirth, with no opposing legislation. Although an employer could theoretically contest this entitlement, surrogacy remains uncommon in South Africa, making such challenges unlikely.14
Basic Conditions of Employment Act (BCEA) does not address surrogacy since legislation is provided in Chapter 19 of the Children’s Act, which differs from labour law. While a surrogate mother takes time to recover from giving birth, she doesn’t require performing early childcare, the primary purpose of parental leave.
Under the amended BCEA, a single parent is entitled to at least four consecutive months of parental leave. For a pair of parents, they are collectively entitled to the same leave, which can be taken according to their choice one parent takes the entire period. Parents alternate taking the leave. In the case of shared leave, both employers must be notified in writing before the birth, specifying the periods each parent will take. South Africa’s updated parental leave policy promotes flexibility and equality by allowing parents to share leave, supporting diverse family needs and career choices.15
The High Court determined that leave entitlements post-birth or adoption serve the purpose of nurturing the infant or toddler, extending beyond mere physical recovery. Consequently, the BCEA’s distinctions were deemed inconsistent with sections 9 (equality) and 10 (human dignity) of the Constitution, as well as the principles of the Children’s Act. The varying leave durations for birth mothers and fathers, adoptive parents, and parents via surrogacy constituted unfair discrimination, violating parental dignity. As a result, all parents, regardless of category or sex, are now entitled to equal leave durations.16
Navigating legal compliance business obligations post-ruling
The Court suspended the invalidity of the existing provisions for 36 months to allow Parliament time to enact corrective legislation. During this interim period, the Court issued the following immediate changes.17
Lindiwe Sebesho, managing director of Remchannel, underscores the urgent need for corporate South Africa to adapt to impending changes in parental leave. With a landmark October 2023 ruling by the Johannesburg High Court, South Africa is to introduce an elastic, gender-neutral parental leave plan. The new policy permits parents to choose how they allocate the four months of leave, formerly reserved for mothers as maternity leave, between parents. 18The judgment could have serendipitous effects on companies that are reconsidering their parental leave policy. Most companies currently provide female employees with more than the minimum leave as mandated in the BCEA, the essence of this judgment.19 This judgment sets a precedent that employment policy or contract providing paid parental leave to female employees only could be determined as unfair and discriminatory taking into account equality and dignity rights guaranteed constitutionally.20
Cultural stigmas and prejudices surrounding parental leave will hinder successful implementation, and this highlights the importance of a culture that truly embraces work-life integration. Furthermore, most companies might not appreciate that updating their policies regarding parental leave in response to the new landmark judgment will actually make them stand out within the competitive labour market, given that getting it right will be an important key in attracting and retaining talent.21 South African companies adopting inclusive parental leave policies must prepare in advance for operational disruptions, such as staffing gaps and funding pressures, through the adoption of measures like cross-training and short-term employment.22 Companies should foster a culture of work-life balance through promoting leaders’ use of parental leave and a culture where employees feel empowered to take it.23
To comply with the interim parental leave framework, organisations must update their policies and handbooks to reflect a shared leave structure of four months plus 10 days, with the option for parents to divide it by agreement, or equally if no agreement is reached, while protecting the six-week postpartum period. This also involves updating leave request forms and HRIS (Human Resources Information System) fields, introducing a shared-leave agreement template, and instructing employees to document their leave allocations. Above all, managers have to be trained on the new system, emphasising non-gendered leave entitlement, and avoiding use of the term “maternity leave.” This also involves co-coordinating with UIF, clarifying that policy and payroll will outline the interim regime while UIF benefits are re-drafted.24
Recent developments
South Africa’s Parliament has three years in which to revise the Basic Conditions of Employment Act 75 of 1997 (BCEA), which addresses issues like parental leave. The court, however, has instructed the new rules to start immediately within this period. Employers should thoroughly vet and overhaul their policies and procedures for parental leave to align with the court ruling. The recent changes to parental leave in South Africa offer universal rights to all parents, granting all parents biological, adoptive, and commissioning a total four months and ten days of leave, to divide as they choose, with equal splitting in case of no concord between employed parents..25
The recent changes to parental leave in South Africa introduce universal entitlements, granting all parents biological, adoptive, and commissioning a collective four months and ten days of leave, to be shared as they choose, with equal division if no agreement is reached between employed parents. The adoption age cap has been removed, and female employees can begin parental leave up to four weeks before the expected birth, with a mandatory six-week post-birth period, both included in the total leave allocation. A single employed parent is entitled to the full parental leave period. Employees must provide written notification to their employer regarding leave dates and return dates, with specific timelines. Adoption leave commences upon court-ordered placement, and commissioning parental leave begins on the date of birth under a surrogate motherhood agreement. 26
Broader Social Implications and future trends
Research indicates that traditional gender expectations in South Africa discourage men from taking paternity leave, leading them to prioritise work over family responsibilities. 27
Despite advancements, practical challenges persist. Employers must revise policies and effectively communicate leave-sharing arrangements to facilitate the implementation of new parental leave regulations .28 Socio-cultural norms and economic factors may hinder paternity leave uptake, as men could face stigma or career repercussions, and some families depend on dual incomes29. Legal reforms and societal changes are essential for making paternity leave accessible and accepted in South Africa.
While granting parental leave benefits to both parents may increase costs for employers, implementing a general parental leave policy fosters shared responsibilities, promotes gender equality, and acknowledges men’s roles in family care, ultimately supporting both parents’ employment.30A comprehensive parental leave policy promotes shared parenting responsibilities, gender equality, and recognises men’s roles in family care, ultimately supporting both parents’ employment.31
Suggestions
The decision may influence future legislation and company practice, and support equality and flexibility in parental leave policy. Flexible parental leave may be an attractive addition to a company’s Employee Value Proposition (EVP). Considering parental leave as an engagement driver can increase employee retention and loyalty, which is a good investment for employers..32
The Department of Employment and Labour and Parliament are currently amending the Basic Conditions of Employment Act, 1997 to include parental, adoption, and commissioning leave. A revised policy will be issued by October 3, 2028, when existing limitations, such as the adoption age cap, will be lifted. 33Organisations should update their policies to reflect the new shared-leave arrangement, publish a temporary parental-leave policy marked “awaiting statutory amendment,” and eliminate gender-specific terms for inclusivity.34Additionally, training for managers on the new non-gendered leave rights and an internal circular detailing the changes and documentation requirements are essential for smooth implementation.35
Organisations should review their existing paid maternity leave policies and consider granting similar benefits to both parents to prevent unfair discrimination. To prevent potential discrimination claims, where the employer already provides full or half maternity leave, this benefit should also be extended to the other parent who takes a similar period of parental leave. Employers need to determine whether paid parental leave benefits will be restricted to the total shared entitlement of four months and ten days or reduced proportionally and review employment contracts for necessary amendments.36
Employees should be informed that payroll and policy will align with the court’s interim regime, while UIF financial benefits will be clarified through forthcoming legislative amendments. The Court deemed an interim reading-in of UIF provisions inappropriate due to inadequate information on benefit calculations, which could have significant financial implications. It has ordered the Minister to submit a report to the Court and relevant parties at least six months before the end of the 36-month suspension period.37
To ensure effective implementation and monitoring of shared parental leave, organisations should implement practical strategies. This includes requiring written agreements and monitoring leave usage to verify apportionment, along with establishing a dispute resolution process. Furthermore, confirming parental rights involves requiring legal documentation, employee declarations, and maintaining an HR verification checklist. To ensure equitable paid leave, organisations should review and extend benefits to all parents, deciding on a capped or proportional payment structure while acknowledging potential limitations in UIF benefits.
Effective take-up of shared parental leave requires particular guidelines, including signed agreements, tracking of leave, and procedures for handling disputes.38 Employees who are expecting to become parents and are in a parental relationship are required to collectively decide and agree upon how the four months and ten days of shared parental leave entitlement is to be split.39
Furthermore, organisations can support new parents by implementing a number of core practices. These include offering flexible leave schemes, such as phased returns or teleworking, to maximise employee morale, retention, and productivity. Creating a positive environment in which employees can openly discuss their needs is essential. Regular review and updating of policies to align with best practice and changing legislation is also crucial. All these practices combined produce an open, family-like environment that constructs the organisation’s reputation and ability to recruit high-calibre individuals.40
Further legislative amendments to the UIA (Unemployment Insurance Act) and BCEA are required to fully implement and clarify financial benefits.
CONCLUSION
The Constitutional Court ruling in South Africa necessitates a transformation in corporate practices by challenging patriarchal norms and conventional gendered career paths. This decision promotes a model where both parents are recognised as both income earners and caregivers. This necessitates an assessment of workplace policies and cultural readiness for a gender shift. The implementation of inclusive parental leave policies is crucial for supporting working parents, particularly mothers, in balancing their familial and professional responsibilities. Furthermore, it underscores the significance of innovation and adaptability in designing benefits that address the evolving needs of the workforce and maintain a competitive edge in the global talent market.
Bibliography
Cases
Van Wyk and Others v Minister of Employment and Labour; Commission for Gender Equality and Another v Minister of Employment and Labour and Others [2025] ZACC 20
Research report
Nkatane Tladi, “THE PERCEPTIONS AND EXPERIENCES OF EMPLOYED FATHERS ON PATERNITY LEAVE” (2017) Wired space Wits
<https://wiredspace.wits.ac.za/server/api/core/bitstreams/69e61fed-6c14-430a-ac0a b0e741f738c5/content/> accessed 10 October 2025
Shantha Luxmi Naidoo, “A father’s right to paternity leave in the South African workplace.” (2020) Research Space <
https://researchspace.ukzn.ac.za/server/api/core/bitstreams/86a8cf28-c425-48d8-848d c0b06aa73a1f/content/> accessed 10 October 2025
Online Journal articles
Amanda Diphoko Phetla and Leon Roets, “The experiences and perceptions of employed Black African men on Paternity Leave in Gauteng, South Africa” (2025) Taylor and Francis 1-13 Online <
https://www.tandfonline.com/doi/full/10.1080/10130950.2025.2479466#abstract/> accessed 10 October 2025
Asheelia Behari, “Lessons on parental leave: a comparative analysis of parental leave in South Africa and the United Kingdom” (2020) Scielo
<https://scielo.org.za/scielo.php?script=sci_arttext&pid=S1682-
58532020000400006#:~:text=A%20legislative%20leave%20package%20that,access%20to% 20employment%20is%20maintained./> accessed 12 October 2025
Statutes
Basic Conditions of Employment Act [No. 75 of 1997]
Constitution of the Republic of South Africa, 1996 – Chapter 2: Bill of Rights
∙ Section 9 of the Constitution (Right to Equality)
∙ Section 10 of the Constitution (Right to human dignity)
Unemployment Insurance Act 63 of 2001
Unemployment Insurance Fund
Legal Newspapers articles
Anli Bezuidenhout, Nadeem Mahomed, Haydon Anderson, ” Constitutional Court redefines parental leave: Key implications for employers and professionals” (2025) Cliffe Dekker Hofmeyr
<https://www.cliffedekkerhofmeyr.com/en/news/publications/2025/Practice/Employment Law/employment-law-alert-03-october-Constitutional-Court-redefines-parental-leave-Key implications-for-employers-and-professionals/> accessed 10 October 2025
Alexis du Plessis, David Woodhouse, “Parental leave shake-up for South Africa after court ruling.” (2025) Pinsent Masons < https://www.pinsentmasons.com/out-law/news/parental leave-shake-up-south-africa/> accessed 10 October 2025
Asma Cachalia and Alex van Greuning, “Unpacking the New Gender-Neutral Parental Leave Entitlements” (2025) Thomas Wilks Attorney, Notaries, Conveyers
https://www.thomsonwilks.co.za/news-and-media/unpacking-the-new-gender-neutral parental-leave-entitlements/ accessed 12 October 2025
Labour Guide “Male “maternity” leave confirmed” (2025) Labour Guide <https://labourguide.co.za/employment-condition/leave/male-maternity-leave-confirmed/> accessed 12 October 2025
Neil Coetzer and Nicola Watson, “Equal Parents, Equal Leave: A New Era for Parental Leave in South Africa” (2025) Cowan Harper Madikizela < https://chmlegal.co.za/equal parents-equal-leave-a-new-era-for-parental-leave-in-south
africa/#:~:text=For%20parents%2C%20the%20decision%20promotes,similar%20benefits%2 0for%20parental%20leave./> accessed 11 October 2025
Sibusiso Dube and Layla Shah, “South Africa: Constitutional Court reshapes parental leave legal landscape – What employers and employees should know” (2025) Bowmans <https://bowmanslaw.com/insights/south-africa-constitutional-court-reshapes-parental-leave legal-landscape-what-employers-and-employees-should-know/> accessed 12 October 2025
Simon Dippenaaar, “Equal parental leave for South Africa’s moms and dads” (2025) Simon Dippenaar and Associates < https://www.sdlaw.co.za/articles/parental
leave/#:~:text=Update%20policies%20and%20handbooks%20to,you%20now%20have%20m ore%20options./> accessed 12 October 2025
Websites/Blogs
CHRO, “Old Mutual leaders unpack the impact of parental leave changes” (CHRO5 June 2024) South Africa < https://chro.co.za/articles/old-mutual-leaders-explore-how-changes-in parental-leave-will-require-a-fresh-look-at-company-culture/> accessed 12 October 2025
Emergivac “Maternity and Paternity Leave in South Africa – A Guide for Employers” (2025) Emergivac < https://emergivac.co.za/maternity-paternity-leave-guide-employers-south africa/#:~:text=Best%20Practices%20for%20Employers,discussing%20their%20plans%20an d%20needs./> accessed 11 October 2025
South Africa Rewards Association “Employers could reap the benefits of a more flexible parental leave approach” (SARA South Africa Rewards Associations 22 November 2022) <https://www.sara.co.za/Knowledge-Centre/Employers-could-reap-the-benefits-of-a-more flexible-parental-leave-approach/> accessed 12 October 2025
Staff Writer, “Huge changes for parental leave in South Africa.”(Business Tech , 3 October 2025) < https://businesstech.co.za/news/lifestyle/839004/huge-changes-for-parental-leave-in south-africa/> accessed 11 October 2025
Wycliffe Muia, “Fathers entitled to equal parental leave, South Africa’s top court rules”(BBC 3 October 2025) < https://www.bbc.com/news/articles/c0q7y5d0l3eo/> accessed 11 October 2025
1 Van Wyk and Others v Minister of Employment and Labour; Commission for Gender Equality and Another v Minister of Employment and Labour and Others [2025] ZACC 20
2 Anli Bezuidenhout, Nadeem Mahomed, Haydon Anderson, ” Constitutional Court redefines parental leave: Key implications for employers and professionals” (2025) Cliffe Dekker Hofmeyr <https://www.cliffedekkerhofmeyr.com/en/news/publications/2025/Practice/Employment-Law/employment law-alert-03-october-Constitutional-Court-redefines-parental-leave-Key-implications-for-employers-and professionals/>
3 Neil Coetzer and Nicola Watson, “Equal Parents, Equal Leave: A New Era for Parental Leave in South Africa” (2025) Cowan Harper Madikizela < https://chmlegal.co.za/equal-parents-equal-leave-a-new-era-for parental-leave-in-south africa/#:~:text=For%20parents%2C%20the%20decision%20promotes,similar%20benefits%20for%20parental% 20leave./> accessed 11 October 2025
4 CHRO, “Old Mutual leaders unpack the impact of parental leave changes” (CHRO5 June 2024) South Africa < https://chro.co.za/articles/old-mutual-leaders-explore-how-changes-in-parental-leave-will-require-a-fresh look-at-company-culture/> accessed 12 October 2025
5 Section 25 of the Basic Conditions of Employment Act outlines maternity leave rights for pregnant employees, which includes at least four consecutive months of leave
6 Staff Writer, “Huge changes for parental leave in South Africa.”(Business Tech , 3 October 2025) < https://businesstech.co.za/news/lifestyle/839004/huge-changes-for-parental-leave-in-south-africa/> accessed 11 October 2025
7 Van Wyk and Others v Minister of Employment and Labour; (n1)
8Section 25 (n5)
9 Wycliffe Muia, “Fathers entitled to equal parental leave, South Africa’s top court rules”(BBC 3 October 2025) < https://www.bbc.com/news/articles/c0q7y5d0l3eo/> accessed 11 October 2025
10 Van Wyk and Others v Minister of Employment and Labour (n1) para 9 11
11 Ibid para 13
12 Simon Dippenaaar, “Equal parental leave for South Africa’s moms and dads” (2025) Simon Dippenaar and Associates < https://www.sdlaw.co.za/articles/parental
leave/#:~:text=Update%20policies%20and%20handbooks%20to,you%20now%20have%20more%20options./> accessed 12 October 2025
13 Children Act 38 of 2005
14 Simmon (n12) para 2
15 Ibid
16 Ibid
17 Anli Bezuidenhout, Nadeem Mahomed, Haydon Anderson, ” Constitutional Court redefines parental leave: Key implications for employers and professionals” (2025) Cliffe Dekker Hofmeyr <https://www.cliffedekkerhofmeyr.com/en/news/publications/2025/Practice/Employment-Law/employment law-alert-03-october-Constitutional-Court-redefines-parental-leave-Key-implications-for-employers-and professionals/> accessed 10 October 2025
18Chief Human Resources Officer CHRO (n 4) para 3
19 Alexis du Plessis, David Woodhouse, “Parental leave shake-up for South Africa after court ruling.” (2025) Pinsent Masons < https://www.pinsentmasons.com/out-law/news/parental-leave-shake-up-south-africa/> accessed 10 October 2025
20 Ibid
21 Chief Human Resources Officer (n 4) para 4
22 Ibid para 12
23 Ibid
24Simons (n 12) para 4
25 Alexis Du Plessis (n19) para 1
26Anli Bezuidenhout (n 2) Para 2
27 Tladi Nkatane, “THE PERCEPTIONS AND EXPERIENCES OF EMPLOYED FATHERS ON PATERNITY LEAVE” (2017) Wired space Wits <https://wiredspace.wits.ac.za/server/api/core/bitstreams/69e61fed-6c14- 430a-ac0a-b0e741f738c5/content/> accessed 10 October 2025
28 Shantha Luxmi Naidoo, “A father’s right to paternity leave in the South African workplace.” (2020) Research Space < https://researchspace.ukzn.ac.za/server/api/core/bitstreams/86a8cf28-c425-48d8-848d c0b06aa73a1f/content/> accessed 10 October 2025.
29 Tladi & Nkatane (n 27) para 5
30 Neil Coetzer and Nicola Watson, “Equal Parents, Equal Leave: A New Era for Parental Leave in South Africa” (2025) Cowan Harper Madikizela < https://chmlegal.co.za/equal-parents-equal-leave-a-new-era-for parental-leave-in-south
africa/#:~:text=For%20parents%2C%20the%20decision%20promotes,similar%20benefits%20for%20parental% 20leave./> accessed 11 October 2025
31 Asheelia Behari, “Lessons on parental leave: a comparative analysis of parental leave in South Africa and the United Kingdom” (2020) Scielo <https://scielo.org.za/scielo.php?script=sci_arttext&pid=S1682- 58532020000400006#:~:text=A%20legislative%20leave%20package%20that,access%20to%20employment%2 0is%20maintained./> accessed 12 October 2025
32 South Africa Rewards Association “Employers could reap the benefits of a more flexible parental leave approach” (SARA South Africa Rewards Associations 22 November 2022)
<https://www.sara.co.za/Knowledge-Centre/Employers-could-reap-the-benefits-of-a-more-flexible-parental leave-approach/> accessed 12 October 2025
33 Asma Cachalia and Alex van Greuning, “Unpacking the New Gender-Neutral Parental Leave Entitlements” (2025) Thomas Wilks Attorney, Notaries, Conveyers https://www.thomsonwilks.co.za/news-and media/unpacking-the-new-gender-neutral-parental-leave-entitlements/ accessed 12 October 2025
34 Ibid para 4
35 Ibid
36 Ibid
37 Sibusiso Dube and Layla Shah, “South Africa: Constitutional Court reshapes parental leave legal landscape – What employers and employees should know” (2025) Bowmans <https://bowmanslaw.com/insights/south africa-constitutional-court-reshapes-parental-leave-legal-landscape-what-employers-and-employees-should know/> accessed 12 October 2025
38 Ibid para 18
39 Ibid
40 Emergivac “Maternity and Paternity Leave in South Africa – A Guide for Employers” (2025) Emergivac < https://emergivac.co.za/maternity-paternity-leave-guide-employers-south africa/#:~:text=Best%20Practices%20for%20Employers,discussing%20their%20plans%20and%20needs./> accessed 11 October 2025
