The Constitutional Court has ruled that both parents regardless of gender, sex, colour or circumstances will now be entitled to equal parental leave that they can share amongst themselves, which is four months and 10 days.

This court on Friday upheld a 2023 High Court ruling that declared maternity and paternity leave provisions in the Basic Conditions of Employment Act and Unemployment Insurance Fund Act unconstitutional due to discrimination against non-birthing parents.

The decision enables all qualifying parents, including adoptive and surrogacy parents, to share four months and 10 days of parental leave and benefits, regardless of gender or biology.