On 3 October 2025, the Constitutional Court of South Africa ruled that the country’s current labour laws for maternity and parental leave are unconstitutional.

In 2023 the High Court found that the provisions regulating maternity and parental leave under the Basic Conditions of Employment Act (BCEA) are discriminatory in that:

• it places a disproportionate burden on women to take on the role of the default caregiver, and
• it does not allow for the equal treatment of fathers in child care.

The Constitutional Court confirmed this ruling in delivering their judgement in the matter between Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20.

The Court has provided Parliament with a 36-month period to implement remedial legislation to address the unconstitutional provisions of relevant legislation. In the interim, the following changes have been implemented with immediate effect:

It is important to note that the Court did not impose an interim reading-in for UIF benefits because of fiscal / administrative complexity. Parliament must amend the UIF Act within the 36-month window and the Minister must report on progress before the window closes.

What should employers do?

• Employers should review and amend their leave policies as soon as possible in line with this ruling to avoid non-compliance and discrimination – do not wait for the BCEA amendment.
• Prepare on a practical level by implementing the relevant disclosure / parental leave application form(s).
• Employers should also align their payroll and benefits carefully (especially if their current policy provides for paid maternity and/or parental leave) – clear distinctions to be made between leave entitlement (reframed) and UIF benefits (unchanged for now).

If you need support navigating these changes, contact Joubert & Associates to assist with the above.