South Africa’s new parental leave policy is designed for equality – but it could do better

South Africa introduced a new amendment to the parental leave policy in October 2025. The aim was to provide equitable rights for all parents. Noreth Muller-Kluits, a disability researcher and social worker by training, examines the policy as it affects people living with disabilities.

Her recent work includes formulating a guide to support reproductive healthcare for women with disabilities. The Constitutional Court of South Africa’s decision on parental leave in October 2025 redefined the requirements. The ruling found that South Africa’s long-standing parental leave structure reflected outdated gender roles.

The declaration of invalidity was suspended for three years to allow Parliament to amend the law. An interim interpretation has been applied since October 2025 which is currently binding on employers. All parents now have a shared total parental leave entitlement of four months and 10 days.

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There’s no sub-categorisation of maternity, paternity, adoption, or surrogacy. The proposed reforms aim to align more closely with those of other countries which provide flexible parental leave where parents share several months equally. Until the law is amended, South Africans will live under an interim system. The following changes currently apply to the parental leave structure:

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