Apex Court rules fathers entitled to full parental leave

JOHANNESBURG - The Constitutional Court has ruled that fathers are now entitled to full parental leave as enjoyed by women.

The apex court made the judgment on Friday.

The Court confirmed the 2023 findings by the Gauteng High Court in Johannesburg that certain basic conditions of the Employment Act regarding maternity leave violate constitutional rights.

In its current form, the Act allows biological mothers to get four months of paid leave, while fathers get 10 days.

READ | ConCourt proposes both parents entitled 4 months parental leave

However, the court has now given the green light to this groundbreaking 2023 judgment, which allows both parents to have shared maternity leave 

Fathers, adoptive and commissioning parents, are also to benefit from the ruling. 

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