South Africa's Constitutional Court ruled on Friday that all parents may share four months and 10 days of parental leave equally. The decision overturned legislation that granted birth mothers four months of leave, but gave fathers only 10 days. Justice Zukisa Tshiqi stated that the previous law perpetuated assumptions that women serve as primary caregivers and marginalized fathers from early child-rearing responsibilities.
The court suspended its declaration of invalidity for three years to allow Parliament time to amend the employment and unemployment insurance laws. A married couple and the Commission for Gender Equality brought the case to challenge discrimination against fathers, adoptive parents, and surrogate parents. The Gauteng High Court previously ruled that the Basic Conditions of Employment Act infringed upon the rights of various family structures.
Tsietsi Shuping from the Commission for Gender Equality stated that the ruling acknowledges shared parenting responsibilities and reflects the evolving societal norms. Single parents who work may take the full leave allocation under the interim arrangement. Labour experts noted employers must revise leave policies to comply with the judgment.
The court suspended its declaration of invalidity for three years to allow Parliament time to amend the employment and unemployment insurance laws. A married couple and the Commission for Gender Equality brought the case to challenge discrimination against fathers, adoptive parents, and surrogate parents. The Gauteng High Court previously ruled that the Basic Conditions of Employment Act infringed upon the rights of various family structures.
Tsietsi Shuping from the Commission for Gender Equality stated that the ruling acknowledges shared parenting responsibilities and reflects the evolving societal norms. Single parents who work may take the full leave allocation under the interim arrangement. Labour experts noted employers must revise leave policies to comply with the judgment.
