In a decision handed down on the 25th of October 2023, the High Court in Johannesburg delivered a groundbreaking ruling that is set to reshape the landscape of maternity leave. This new judgement represents a significant shift towards ensuring greater equality and rights for working mothers across the country. In this article, Scorpion Legal Protection shares how this new ruling signifies a major victory in the ongoing fight for gender equality and better work-life balance.
What is the new parental leave judgment about?
This new judgement has declared sections of the Basic Conditions of Employment Act (BCEA) unconstitutional in as far as they discriminated unfairly between mothers and fathers in relation to the amount of parental leave each could take. The sections of the BCEA that have been found to be unconstitutional will be on hold for the next two years in order to allow parliament to make amendments. During this two-year period, all parents, including those that are co-parenting, will be able to decide on who and how they will take their four consecutive months of parental leave. One parent can take the whole four-month period, or each parent can take turns at taking leave. Both employers must be notified in writing prior to the date of birth which parent will be taking the leave, how much and when. Parents can then also consider claiming from the UIF benefit.
How will the new parental leave judgement benefit new parents?
One of the biggest benefits is the impact we anticipate it will have on families as a unit. Currently, many families struggle to balance the demands of work and family life, especially when a child is born. This can create stress and anxiety for both parents, and can lead to an uneven distribution of responsibilities.
The ruling is also a step forwards in gender equality. Currently, women often face discrimination in the workplace due to their childbearing responsibilities. By providing equal parental leave benefits, the new ruling will help to promote gender equality and ensure that women are not unfairly penalised for having children.
It is a historic judgment that recognises the value of women in the workplace, as well as the importance of supporting healthy families. As a stride toward a more inclusive society, this new ruling serves as a testament to the progress we as a country can achieve when gender equality is prioritised on both personal and professional fronts.
Scorpion Legal Protection has a Specialist Labour department that assists members with understanding what the law says about your legal rights as an employee, especially if you are pregnant. Need help? Click here: https://www.scorpion.biz/OnlineApplication/JoinOptions.aspx
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*This is basic legal advice only and should not be relied on solely. Information is correct at the time of publication.