At the close of 2025, South African employers are facing one of the most significant legislative shifts in labour law in years. The Constitutional Court judgment in Van Wyk and Others v Minister of Employment and Labour has forced a long-overdue overhaul of outdated maternity and parental leave provisions — and employers cannot afford to ignore the changes.
With payroll deadlines, year-end leave chaos, shutdown planning, and annual compliance checks already on the HR calendar, these changes arrive at the busiest possible time. But non-compliance will expose employers to risks ranging from BCEA violations and UIF rejections to discrimination claims, CCMA disputes, and reputational damage.
This article provides a clear, practical, employer-focused roadmap to help businesses understand the new parental leave landscape — and implement the required updates before the year-end crunch.
1. Why the Law Changed: The Constitutional Court’s Landmark Ruling
For decades, South African labour legislation reinforced an outdated assumption: that biological mothers were the primary (and often only) caregiver. Fathers received a mere 10 days of parental leave, and adoptive or commissioning parents were given fragmented entitlements depending on their situation.
The Constitutional Court found these distinctions discriminatory and unconstitutional.
The court’s findings focused on three violations:
1. Unfair gender discrimination
Biological fathers, adoptive parents, and commissioning parents were treated as less important caregivers.
2. Violation of the right to dignity
Parents were denied the choice to structure caregiving responsibilities according to their family needs.
3. Inconsistent recognition of modern families
The existing BCEA and UIF provisions did not account for diverse parenting arrangements.
The Court confirmed that caregiving is not gendered, and all parents deserve equitable access to leave that enables proper bonding and childcare.
2. The New Interim Rules Employers Must Apply Immediately
Although Parliament has 36 months to rewrite the law, the Constitutional Court has implemented interim parental leave rules that apply right now.
Employers must implement these immediately in HR policies, payroll, employment contracts, and internal procedures.
✅ Key Changes Employers Must Act On
1. All parents are now entitled to a shared four months (16 weeks) of parental leave
This replaces the old system of:
- 4 months maternity leave
- 10 days parental leave
- 10 weeks adoption leave
- 10 weeks commissioning parental leave
Now there is one unified leave entitlement for all types of parents.
2. Parents may choose how to divide the four months
They may:
- allocate the entire 4 months to one parent, or
- split it according to their needs (e.g., 2 months each).
3. Employees must notify employers of their chosen allocation
This must be done prior to taking leave, preferably in writing.
4. UIF benefits will follow the shared leave model
Although UIF systems are still adjusting, employers should prepare for updated filing requirements.
5. Employers may not discriminate in applying the new rules
Policies must not:
- favour biological mothers over other parents
- restrict shared leave options
- refuse to update internal leave procedures
Any such behaviour could create grounds for unfair discrimination or constructive dismissal claims.
3. The Year-End HR Pressure: Why Employers Must Act Now
The timing could not be worse for employers — but waiting until 2026 is not an option.
Three year-end risks demand immediate action:
(1) Payroll Deadlines
December and January payroll must reflect updated leave structures. Incorrect categorisation may lead to:
- incorrect UIF submissions
- payment rejections
- payroll disputes
- SARS reconciliation misalignment
(2) Leave Approvals for December–January Newborns
The festive season sees a surge in parental leave requests. Outdated leave policies will:
- give wrong entitlements
- expose employers to legal challenges
- undermine employee trust
- affect scheduling and staffing
(3) Year-End Shutdown Planning
Most businesses finalise:
- leave rosters
- handovers
- shift planning
- project closeouts
These cannot be finalised using outdated parental leave rules.
4. What Employers Must Update Immediately (Step-by-Step Checklist)
Below is the definitive year-end compliance checklist for HR departments, payroll teams, and business owners.
✅ 1. Update Your Leave Policy
Your policy must now include:
- shared parental leave structure
- application procedures
- notice requirements
- documentation requirements
- UIF claim processes
- return-to-work procedures
If your leave policy still refers to “10-day parental leave”, it is non-compliant.
✅ 2. Update Employment Contracts
Contract clauses must change in:
- maternity leave
- parental leave
- adoption leave
- surrogacy clauses
If contracts define leave according to old BCEA distinctions, they must be revised.
✅ 3. Adjust Payroll & HR Systems
Payroll software must be updated to accommodate:
- a 4-month parental leave category
- shared allocations
- UIF codes
- leave extension scenarios
Failure to do so can disrupt payroll reconciliation and UIF submissions.
✅ 4. Modify Internal HR Forms
Update or replace:
- leave request forms
- UIF documentation lists
- onboarding documents
- employee handbooks
- shared parental leave declarations
✅ 5. Train Managers and Supervisors
Most disputes arise from manager misunderstanding — not policy itself.
Training must cover:
- eligibility rules
- what proof to request
- UIF processes
- discrimination risks
- scheduling and operational impacts
✅ 6. Communicate Changes to Employees
Employees must be notified in writing of:
- their new rights
- the business’s updated policies
- the process to apply for shared leave
Clear communication reduces risks of conflict, confusion, or CCMA referrals.
5. Real-World Examples: How This Affects Businesses
Example 1: Manufacturing Company (300 employees)
Before:
Only women on the line took extended leave, often leaving production short-staffed.
Now:
Fathers and adoptive parents may request multi-month leave, requiring additional workforce planning.
Example 2: Small Accounting Firm (12 employees)
Before:
Parental leave was predictable and short for non-birthing parents.
Now:
Men can apply for extended parental leave during peak December–February audit season.
If the firm is unprepared, service delivery timelines fail.
Example 3: Retail Business with December Peak Trade
Before:
Female employees on maternity leave could be planned for months in advance.
Now:
Any employee may request shared parental leave during Christmas trading — a high-risk period.
6. How Labour Law with Luzan Helps Employers Comply
The new parental leave system requires expert updating of policies, contracts, and procedures. Labour Law with Luzan supports employers with two urgent solutions:
✅ 1. Year-End HR & Payroll Pack – R650
Perfect for small businesses needing a quick, legally accurate solution.
Includes:
- updated parental leave clauses
- updated leave request forms
- payroll adjustment guides
- 2025-compliant HR checklists
- UIF update guidance
- communication templates
This pack prevents December HR chaos and ensures BCEA compliance.
✅ 2. Policy Update Day – R1 200
Full leave policy overhauled in 48 hours.
What employers get:
- a fully updated 2025 parental leave policy
- aligned with Constitutional Court judgment
- BCEA & UIF compliant
- legally structured and employer-protective
- delivered in two working days
7. Conclusion: Act Early, Avoid Year-End Crisis
The new parental leave framework is a landmark shift in South African labour law — one that demands immediate employer action. Policies, payroll, leave structures, and internal procedures must be updated before the December shutdown to avoid legal, operational, and financial risks.
Employers who act now will:
- avoid costly disputes
- remain compliant
- maintain workforce stability
- strengthen employee trust
- avoid last-minute HR emergencies
Employers who delay may enter 2026 facing CCMA referrals, UIF problems, and reputational harm.
Employer-Only Advisory Note
Labour Law with Luzan serves employers only. If you are an employee seeking legal assistance, please contact an attorney in your area. Employers needing contracts, HR packs, or compliance support are welcome to visit luzan.co.za for services and products.
References
Constitutional Court of South Africa. Van Wyk and Others v Minister of Employment and Labour; Commission for Gender Equality v Minister of Employment and Labour and Others [2025] ZACC 20.
Basic Conditions of Employment Act 75 of 1997.
Unemployment Insurance Act 63 of 2001.
Department of Employment and Labour. Parental Leave Amendments 2025 Update.
Commission for Gender Equality. Submissions on Parental Leave Equality in South Africa.
