In October 2025, South Africa introduced a new amendment to its parental leave policy, aiming to provide equitable rights for all parents. The policy, as outlined by Noreth Muller-Kluits, a disability researcher and social worker, reflects a shift away from outdated gender roles that had long governed the country’s parental leave structure. The Constitutional Court’s October 2025 decision declared the previous system invalid, granting Parliament three years to amend the law. An interim interpretation has been in place since October 2025.
Under the new policy, all parents are collectively entitled to a total of four months and 10 days of parental leave, which can be shared according to their choice. This means there is no sub-categorisation of leave for maternity, paternity, adoption, or surrogacy. The proposed reforms seek to align with international practices that promote flexible parental leave where parents share several months equally.
For now, South Africans are operating under an interim system. In cases where both parents are employed, they must agree on how to share the leave. If they cannot reach an agreement, the leave will be split as closely as possible to half of the total. Birth mothers are still required to observe a mandatory six-week post-birth recovery period, unless medically certified to return earlier.
Workers are permitted to take maternity leave one month before their due date, or as agreed or required for health reasons. They may not return to work within six weeks after the birth unless their doctor or midwife confirms it is safe. These provisions are based on Section 25 of the Basic Conditions of Employment Act, with the six weeks forming part of the overall four-month leave.
Source: Stellenbosch University
