In a historic ruling, the Constitutional Court of South Africa has declared the parental leave provisions under the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund Act (UIF Act) unconstitutional. This marks a transformative step toward gender equality and parental dignity in the workplace.
The landmark case, Van Wyk and Others v Minister of Employment and Labour and Others, affirmed that all parents-regardless of gender or how they became parents-are equally entitled to parental leave. The decision underscores the Court’s commitment to dismantling discriminatory practices and recognising the shared role of both parents in caregiving.
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