Dads can now enjoy four months ‘maternity’ leave as Apex Court rules parents will share parental leave

Mapaballo Borotho

The Constitutional Court has ruled that both parents can now share four months of parental leave, ending the previous disparity between maternity and paternity leave.
Previously, men were entitled to only 10 days of paternity leave.
The court found this difference unconstitutional, confirming a 2023 High Court ruling.

Both dads and mommies now have the privilege to enjoy the four-month parental leave, which was previously reserved for biological mothers.

The Court found that the difference in the parental leave for both genders was unfair and unconstitutional discrimination.

Previously, men were only entitled to 10 days of paternity leave, but now they can share the four months of parental leave with the mother of their babies.

In October 2023, the High Court in Johannesburg ruled that by providing four months of maternity and just 10 days of paternity leave, the Basic Conditions of the Employment Act unfairly discriminated between mothers and fathers.

The High Court described this concept as invalid and unconstitutional.

The case was then brought before the Constitutional Court for confirmation, which upheld the ruling on Friday, 3 October 2025.

The ruling was met with mixed reactions, with many arguing that equality does not always equate to fairness, as only women carry pregnancies to full term, give birth, and breastfeed, responsibilities that men cannot naturally undertake.