By Natashia Moosa, LLB – Commercial Manager (Middle-East & Africa) at Workforce Staffing

The Constitutional Court’s ruling on parental leave is a major step forward for workplace equality in South Africa. All parents – regardless of their gender or how they became parents – now share the same entitlement to parental leave. It’s a big win for equality, but it also brings new challenges for employers. Businesses, especially SMEs, will need to plan for longer absences and adapt their HR systems to support shared leave arrangements. Here, Temporary Employment Services (TES) providers will prove invaluable, offering the flexibility to keep operations running smoothly, fill temporary gaps, and stay compliant as the new rules take effect.

Flexible leave, equal opportunity
Under the new system, working parents now have the flexibility to share a total of four months and ten days of leave between them, while single parents are entitled to at least four consecutive months. Birth mothers must still take six weeks of post-birth recovery leave, counted as part of the shared total.

Parents can decide how to divide their time, either together or in turns, and if no agreement is reached, the leave will be split evenly. For fathers and non-birth parents, this is a major step forward, expanding their rights from ten days to a genuine opportunity to share in early childcare and bonding.

What the ruling means for employers
The ruling gives parents more freedom, but it also asks businesses to adapt. For most employers, only one parent will be on leave at a time, since parents often work for different organisations. In the less common scenario where both work for the same company, however, overlapping or back-to-back absences will require careful planning to keep operations running smoothly.
Paid leave beyond UIF benefits adds another layer of cost. Employers may need to hire temporary staff, redistribute responsibilities, or upgrade HR systems to track shared entitlements accurately.

While these adjustments take effort, businesses that respond proactively can turn this change into an opportunity – demonstrating support for all parents and reinforcing a culture of equality. Offering inclusive parental leave will fast become a talent attraction factor, making strategic planning for these costs essential.

Preparing for policy and compliance shifts
Currently, only the birth mother can claim UIF for her leave. Non-birth parents, including fathers, will only be able to access UIF benefits once Parliament updates the legislation, which it has up to 36 months to do. During this time, the Fund will need to work out how to cover longer leave periods for a broader group of parents, which could eventually affect contribution rates or budgets.

In the meantime, employers can get ahead by updating policies, contracts, and internal documents to reflect the new gender-neutral parental leave framework. Terms like “maternity,” “paternity,” and “adoption” leave should be replaced, each parent’s leave should be consecutive, and a Shared Leave Agreement should clarify whether leave is taken concurrently or consecutively. Managers also need training to support fathers and non-birth parents fairly and foster an inclusive workplace culture.

How TES can help businesses stay on track
Adapting to extended parental leave doesn’t have to disrupt operations. TES providers offer quick access to qualified temporary staff, helping SMEs manage absences smoothly and maintain productivity. They also assist with compliance, easing the administrative burden and minimising risk.

Employers can further support employees by communicating new rights clearly, planning for coverage, and offering measures like phased returns or childcare support. While there are no tax incentives for extended leave, investing in inclusive policies helps attract and retain talent and positions businesses as equitable and forward-thinking.

A cultural shift toward shared parental responsibilities
The Concourt ruling creates a new standard for workplaces in South Africa. By replacing rigid maternity and paternity distinctions with a flexible, gender-neutral approach, fathers and non-birth parents can now take substantial time off to care for their children. This challenges stereotypes, encourages shared responsibilities, and supports diverse family structures.

Businesses that embrace these changes benefit from stronger employee engagement, improved retention, and a reputation as an inclusive, equitable employer, while society gains workplaces where all parents can participate meaningfully in their child’s early development.