CDH: Parental leave Guideline

CDH: Parental leave Guideline

• 24 October 2025
• Law
• South African Accounting Academy

Summary:

Cliffe Dekker Hofmeyr (CDH) has published a guideline which considers the latest changes to parental leave, as per the Basic Conditions of Employment Act (BCEA) and the implications for employers.

Article:

This guideline considers the effect of the Constitutional Court judgment in Van Wyk, specifically discussing the changes to the Basic Conditions of Employment Act (BCEA) and the implications for employers. Refer to our previous Alert dated 23 October 2025

The declarations of constitutional invalidity are suspended for a period of 36 months in order to afford Parliament an opportunity to remedy the constitutional defects giving rise to the constitutional invalidity.  

In the interim, the Court ordered the following changes with immediate effect: 

• Universal Parental Leave: All parents—biological, adoptive, and commissioning—are entitled to four months and ten days of parental leave, to be shared as they choose and can be taken either consecutively or successively by the parents. 
• Leave Sharing: If both parents are employed, they must agree on how to divide the leave.  If they cannot agree, the leave is split as equally as possible. 
• Adoption Age Cap Removed: New Adoptive parents of children of any age are now eligible for parental leave. 
• Pregnancy and Post-Birth Leave: Female employees who are due to give birth may begin parental leave up to four weeks before the expected birth, or earlier if medically necessary.  No female employee may work for six weeks after giving birth unless certified medically fit.  These periods are included in the total parental leave allocation. 
• Single Employed Parent: Where only one parent is employed, that parent is entitled to the full period of parental leave. • Notification Requirements: Employees must notify their employer in writing of their intended leave dates and return date, at least four weeks in advance (or one month for adoption/commissioning leave), unless not possible to do. 

The guide also sets out Q&As in a summative format.

Click here to download the 8-page Guide:

https://www.cliffedekkerhofmeyr.com/practice-areas/downloads/Parental-Leave-Guideline.pdf 

Relevance to Auditors, Independent Reviewers & Accountants:

• The Basic Conditions of Employment Act (BCEA) is yet another piece of legislation that your clients must comply with, and which you must assess compliance with.  If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
• Employers and employees should be aware of the latest court rulings that significantly affect the application of the BCEA.
• As an employer, you need to comply with the BCEA in your workplace.
• You should also be aware of relevant guides that explain the latest changes and can assist with application of the BCEA.

Relevance to Your clients:

• An employer has a duty to comply with the Basic Conditions of Employment Act (BCEA), and must comply with all relevant sections.
• Employers and employees should be aware of the latest court rulings that significantly affect the application of the BCEA.
• Your clients should be aware of relevant guides that explain the latest changes and can assist with application of the BCEA.

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