PARENTAL LEAVE: Constitutional Court Judgement: What does this mean for employers and employees?

Dear employer

On Friday, 3 October 2025, the Constitutional Court handed down judgement in the matter regarding certain provisions of the Basic Conditions of Employment Act (BCEA) and the determination and allowance of parental leave.

In essence, the Court confirmed the High Court’s finding that section 25, 25A, 25B and 25C of the BCEA, as well as the corresponding sections 24, 26A, 27 and 29A of the Unemployment Insurance Fund (UIF) Act, are invalid and inconsistent with the Constitution, as they discriminate unfairly between different classes of parents with regard to the length of parental leave available to them, as well as the UIF benefits to which they are entitled.

Pending the coming into force of any remedial legislation, the Court determined the interim wording of the provisions of the BCEA with regards to any type of parental leave.

The most important changes implemented by the Court can be summarised as follows:

NEASA advises employers to review all policies and procedures to ensure they align with the latest ruling and, if applicable, make amendments to remuneration provisions related to maternity leave.

NEASA members can contact their regional NEASA office for assistance in this regard.

For more information

NEASA Media Department

media@neasa.co.za

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