Extended Parental Leave for All Employees: Impact Assessment Survey

EXTENDED PARENTAL LEAVE FOR ALL EMPLOYEES

IMPACT ASSESSMENT SURVEY

Dear employer

In a recent case filed at the High Court of Johannesburg, three applicants are requesting the Court to declare the sections of the Basic Conditions of Employment Act (BCEA) which deal with maternity leave, unconstitutional. The applicants argue that these sections unfairly discriminate against fathers of new-born children, by unjustifiably limiting their rights to paternity leave in South Africa. 

Amongst the relief sought by the applicants, they are requesting that the definition of ‘maternity leave’ be expanded to include ‘parental-’ and ‘care giving leave’.

The effect of the above, should the Court decide in the applicants’ favour, would be that all employees, male or female, who is either giving birth to a child, or is in any manner the primary or secondary care giver of the child (adoptive parent, biological father etc.), will qualify for four (4) months of leave, with equal benefits

NEASA is in the process of joining this matter and needs to argue the effects of the above on employers before the Court. Please participate in this short survey in order for NEASA to accurately represent the interests of employers in this legal matter.

Click here to participate in the survey

For more information:
NEASA Media Department
media@neasa.co.za