South African fathers entitled to equal parental leave, Constitutional Court rules

The ruling grants both parents the right to share a total of four months and 10 days of parental leave.

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Under the current law, mothers are granted four months of leave, while fathers receive just 10 days.

In its ruling, the Constitutional Court declared parts of the legislation unconstitutional, calling it discriminatory against fathers, and ruled that both parents may now share the granted leave however they choose.

"This is a ground-breaking step for equality, family wellbeing, and the future of fatherhood in South Africa," said Sthembiso Phakathi, founder of Single Dads Network.

In 2023, a lower court found certain sections of the Basic Conditions of Employment Act (BCE) Act and the Unemployment Insurance Fund Act (UIF) unjust and ruled that they violated the rights of various family structures.