In a landmark judgement delivered on 3 October 2025 in Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20, the Constitutional Court has redefined the standard for parental leave in South Africa.
As the country’s highest court, its ruling confirms the constitutional invalidity of certain maternity and parental leave provisions in the Basic Conditions of Employment Act (BCEA), fundamentally reshaping how parental leave must be structured moving forward.
Although the invalidity has been suspended for 36 months to allow Parliament to enact remedial legislation, the Court has ordered immediate interim changes that employers must comply with.
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