Paternity Leave in South Africa: What’s Changing and What You Need to Know
Last Updated: 14 March 2025
You may or may not know that South African moms are eligible for up to 4 months of unpaid maternity leave while dads get a meager 2 weeks. Not only is this unfair in that it places the brunt of the child care and household work on moms shoulders – the shoulders of a body recovering from birthing a child, mind you – but it discriminates against a host of families.
Families with adopted children, same-sex parents, and those where the father is the primary caregiver and the mother is the breadwinner. Any parents falling under one of these categories will feel the effects of this lopsided maternity/paternity leave debacle. Things are about to change for the better though as new parental leave laws in South Africa will be bringing an upgraded sense of equality to the postpartum period for all.
South African Maternity & Paternity Leave
South Africa’s traditional marital landscapes have changed significantly over the past few decades. Same-sex couples, single parents (male or female), and those without a marital status can all have their own children through adoption, surrogacy, and other reproductive methods in order to start and grow their own family. While this has been happening, there has been a notable surge in the number of homes headed by women who are the primary breadwinners, fathers, and designated carers for their families and young children.
This makes our above statement on the equality – or lack thereof – of parental leave in South Africa especially significant. As mentioned above, Section 25 of the Basic Conditions Employment Act maintains that women are entitled to four continuous months of maternity leave under our laws.
The BCEA had previously said nothing about employed dads or paternity leave, yet these four months are legally required and belong to the birth mother. In order to keep up with contemporary culture, the BCEA has been updated to incorporate parental leave, which will take effect on January 1, 2020, for dads and/or parents in surrogacy or adoption instances.
The BCEA replaced our previous four-day responsibility leave with a more comprehensive parental leave policy, granting employees 10 days of gender-neutral leave in December of 2019. This inclusive approach extends benefits to same-sex families. Parental leave, starting on the child’s birth, requires employees to notify their employers one month in advance.
While unpaid, companies may opt to pay employees during this leave, and for those without payment, application for Unemployment Insurance Fund (UIF) benefits is an option. To qualify for UIF benefits, employees need at least thirteen weeks of employment, with payments covering 66% of earnings, subject to a maximum threshold.
Global Maternity and Paternity Leave Rankings: How Does South Africa Compare?
A recent study by Remote, a leading global recruitment firm, reviewed statutory maternity and paternity leave across various countries. The analysis considered the number of weeks granted and the rate of pay offered to parents. Based on this assessment, countries were ranked according to their combined maternity and paternity leave benefits.
Among the 14 nations included in the study—chosen for their strong global presence and economic positioning—South Africa ranked 12th, just ahead of Canada and the United States.
European countries dominated the rankings, likely influenced by the EU directive requiring member states to provide at least 10 days of paternity leave. Poland and Spain emerged as the best nations for parental leave, with Norway and the Netherlands following closely behind. Spain’s strong ranking aligns with its high placement in the Global Life-Work Balance Index, reflecting its commitment to employee well-being. Spain stands out for its generous paternity leave, offering 12 weeks of fully paid statutory leave—more than double any other country.
Poland, on the other hand, provides 20 weeks of maternity leave, which is shorter than Norway (54 weeks) and the UK (39 weeks). However, Poland offers up to 100% pay for both new mothers and fathers. It’s important to note, though, that Polish parental leave policies do not extend the same recognition to same-sex parents.
While European countries set the global standard for parental leave policies, South Africa finds itself towards the lower end of the rankings. As discussions around workplace policies and employee well-being continue to evolve, countries may consider reforms to improve parental benefits and support working families
What's Changes Are Happening
In the past year, a couple from Limpopo challenged the Basic Conditions of Employment Act (BCEA). Werner and Ika van Wyk challenged the constitutionality of sections 25 and 26, arguing that these sections discriminate against fathers of newborns.
In their case, Werner sought four months’ leave as his wife, managing two businesses, needed to return to work promptly. However, the employer refused, citing a policy only allowing the birthing mother such benefits. Thus, they called for an extension of sections 25 and 26 of the BCEA to grant all parents, regardless of gender, equal leave rights for childcare. The applicants questioned whether the Minister of Employment and Labour should amend legislation to accommodate situations where fathers are primary caregivers.
This situation raises critical questions:
- What if the woman is the family’s primary earner?
- What if the new mom must return to work earlier than the father?
- How can parents equally share parenting responsibilities?
- What about same-sex parents or those adopting or using surrogacy?
Fortunately, on October 26, 2023, Gauteng Deputy Judge, President Roland Sutherland, ruled the act discriminatory. Referring to the Mia v State Information Technology Agency (Pty) Ltd case, the Labour Court interpreted maternity leave inclusively for same-sex families and surrogate parents. The court ruled that maternity leave, as per the BCEA, should consider the child’s best interests. Essentially, fathers now have the right to challenge the BCEA for unfair discrimination if they wish to share caregiving responsibilities.
Likewise, mothers can assert that legislative decisions shouldn’t mandate them as the primary caregiver. The judgment also acknowledged the unfair discrimination based on the method of children’s birth, be it natural, through surrogacy, or adoption, aligning with the modern societal view that gender assumptions and outdated norms should be discarded.
While it doesn’t establish a general right, it clarifies circumstances where the Labour Court may intervene when employer policies don’t provide adequate rights or protection. Employers can proactively review policies to align with this judgement and mitigate potential claims.
What does all this mean?
The road to fair Paternity Leave in South Africa is still unfolding, and while the recent ruling marks a significant step forward, the current laws remain in effect until the Constitutional Court confirms its decision. Parliament has been given two years to amend the legislation, meaning that for now, maternity and parental leave policies remain unchanged. However, this ruling sets a powerful precedent—one that acknowledges that parenting responsibilities should not be bound by outdated gender roles.
Although the changes are not yet legally enforced, the message is clear: the law must evolve to reflect modern family dynamics, where fathers, same-sex couples, and adoptive parents deserve equal opportunities to bond with their children. This is not just about supporting fathers—it’s about empowering all parents to share caregiving responsibilities in a way that best suits their families. South Africa stands on the brink of a more inclusive, gender-equal parental leave system, and with time, these long-overdue changes could become a reality for future parents.
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