ConCourt rules fathers now entitled to same parental leave as mothers

The Constitutional Court has ruled that fathers are now entitled to equal parental leave as mothers.

The court found that the law, as it stands, is discriminatory to fathers and is unfair and unconstitutional.

Following this judgment, mothers and fathers will be able to split their four months of leave post-birth equally.

The Constitutional Court has found that the provisions relating to parental leave in the Basic Conditions of Employment Act perpetuate the assumption that women should be the primary caregivers of children.

The court has ruled that the law, as it stands, marginalises the father, depriving him of the choice to structure their child’s nurturing responsibilities.

Reading the judgment, Justice Zukiswa Tshiqi said that while the current leave of four months and 10 days should be retained for mothers, leave should not be restricted to mothers but extended to fathers as well.

The court ruled that parents should be entitled to share the available days and can split them equally.