At last, the law has caught up with reality — parenting isn’t a one-person job. And yes, dads can change nappies without the world ending.
What Exactly Changed?
In the past, under the Basic Conditions of Employment Act (BCEA), mothers received four months of maternity leave. Meanwhile, fathers got only ten days of unpaid parental leave — barely enough time to bond with their new baby.
However, in 2024, the Constitutional Court made an important decision in Van Wyk & Others v Minister of Labour and Others. The Court ruled that this difference in leave was unconstitutional because it unfairly discriminated based on gender and family structure. Moreover, it violated Section 9 of the Constitution (Equality Clause) and the Children’s Act, which both say that every parent has a vital role in a child’s life.
As a result, parents — whether biological, adoptive, or doing surrogacy — can now decide how to share the four months of parental leave. Therefore, dads and non-birthing parents can take more time off if that’s what the family prefers.
Why This Matters for Small Businesses
While this ruling is a huge win for equality, it also means that employers must take action. In other words, businesses should review their HR systems, contracts, and leave policies to stay compliant and fair.
Here’s what to do:
- Payroll and leave systems: Update categories to “shared parental leave” instead of “maternity” or “paternity.”
- Employment contracts: Replace outdated clauses that assume only mothers take long parental leave.
- Staff planning: Prepare for longer absences from either parent, not just moms.
- Work culture: Promote fairness, flexibility, and inclusion. It’s no longer about gender — it’s about family wellbeing.
Additionally, while the BCEA will likely be updated soon, it’s better not to wait. The Labour Court and CCMA already recognise that constitutional rights apply directly. Consequently, businesses using outdated policies could face discrimination claims.
How to Stay Compliant (and Calm)
Fortunately, updating your policies doesn’t have to be complicated. With a few small changes, your company can stay compliant and support all parents equally.
Here’s how to start:
- Review your HR policies: Make sure leave templates align with the Constitutional Court’s decision.
- Adjust payroll codes: Ensure your system supports shared parental leave correctly.
- Communicate with staff: Explain the updates clearly so everyone understands their rights and options.
By taking these steps, you not only protect your business but also show employees that equality and family time matter.
If you’re unsure how to proceed, TeamMaster HR’s IR & Compliance Advisory Services can guide you through the process. Our experts can review your policies, fix outdated clauses, and help your business stay both fair and legally sound.
After all, equality isn’t just a legal requirement — it’s also good HR practice.
TeamMaster HR — People. Compliance. Growth.
