'Employers need to urgently adjust their policies following Concourt ruling on equal parental leave': labour expert
Rafiq Wagiet
7 October 2025 | 8:00The Constitutional Court ruling grants both parents the right to share a total of four months and 10 days of parental leave.
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The Constitutional Court's recent ruling on parental leave has been widely praised by rights groups, but many employers may not be ready for the labour law amendment.
The court ruled that parents can now divide the four months and 10 days of leave between them.
Previously, the labour law granted four months of parental leave to birth mothers and 10 days to fathers, or non-birthing parents.
Speaking to Stephen Grootes on The Money Show, Johan Botes, Head of Employment & Compensation at Baker McKenzie says employers need to work through the potential challenges this ruling may cause.
"In the short-term, we're going to feel some pain. We need to find our way through this, and there may be rumblings of unfairness, and businesses saying hang on my CEO is going to take leave and it's going to cost me and arm and a leg. Whereas previously, this would not have been the case," says Botes.
"I think once we get over these initial rumblings, 5,10, 20 years down the line, it would be a non-event, and this would just be the way in which we do things," added Botes.
Listen to the interview in the audio player above.
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