South Africa's parental leave laws changed significantly in October 2025, and if you are expecting a baby or planning for one, this affects you directly. A Constitutional Court ruling declared the old distinctions between maternity, paternity, adoption, and commissioning parental leave unconstitutional.
What replaces it is a more balanced framework, and one worth understanding before your leave begins.
What changed with parental leave in South Africa?
The Van Wyk ruling confirmed that all parents, regardless of gender, family structure, or biological role, are entitled to at least four months of parental leave under the Basic Conditions Of Employment Act (BCEA).
Previously, four months was the automatic right of the birthing parent and fathers were only entitled to 10 days leave. That is no longer the case. If both you and your partner are employed, you can decide together how to share the four months and 10 days parental leave. If you are a single parent, the four months remain yours in full.
A few things that remain unchanged:
- Employees must inform their employer of their intended leave dates at least four weeks in advance.
- The birth mother must still take at least six weeks of leave after giving birth unless certified medically fit, but that time counts toward the total shared leave.
These are interim changes while Parliament formalises the law, a process expected to take up to 36 months.
Will your employer pay you during parental leave?
Employer-paid parental (maternity) leave is not a legal requirement in South Africa. Most parental leave is unpaid, though your company's existing policy may provide some paid leave. This is worth checking directly with your HR department or your employment contract.
How to claim UIF for parental leave in South Africa
Leave may be unpaid by your employer, but if you have contributed to the Unemployment Insurance Fund (UIF) for at least 13 weeks, you are likely eligible to claim UIF maternity benefits. These are paid on a sliding scale of your gross monthly salary, subject to income thresholds.
If you and your partner are splitting leave, you can both claim UIF for your respective portions. The UIF system is not set up for shared claims, so careful documentation is essential.
Documents needed for your UIF parental leave claim
Each application requires:
- Completed UIF forms: UI-2.3 (signed by both parents for shared claims), UI-2.7 and UI-2.8 for banking details.
- A certified copy of your child's birth certificate.
- A certified copy of your ID.
- The co-signed parental leave agreement showing each parent's exact leave dates.
Step-by-step guide to claiming UIF for shared parental leave
Draw up a parental leave agreement: Both parents sign a written document showing exactly how the four months are divided, including the specific dates each of you will take.
Each parent applies separately: Use Form UI-2.3, either online via uFiling or in person at your nearest Department of Employment and Labour office.
Be exact about your dates: The dates on your claim must match the leave agreement precisely. Any discrepancy will delay your payment.
Follow up: Shared claims are often flagged for manual review. Check in regularly with the Department of Employment and Labour and keep a record of every interaction.
When to start your parental leave admin
Admin is the last thing you want to be chasing with a newborn at home. Getting your documents in order before your leave begins will save you a great deal of frustration. Processing times can stretch to several weeks, and shared claims may take even longer.
If you have previously claimed UIF maternity benefits, you may still qualify again, provided you have built up sufficient new credits since your last claim.
Know your parental leave options in South Africa
The parental leave amendment is a meaningful step towards recognising that parenting is not a gendered responsibility. Whether you are navigating it on your own or sharing it with a partner, understanding your options gives you the confidence to make informed decisions that work for your family.
At RecruitMyMom, we are in your corner at every stage of your career, including flexible job opportunities when you are ready to return.
The legal information in this article is outlined in the Essential HR Toolkit for SMEs, developed by RecruitMyMom in collaboration with Allardyce Academy. Download the toolkit here for a comprehensive guide to the 2025 South African labour law updates.
Disclaimer: This guide is intended for informational purposes only and is not legal advice. For official forms and updates, please visit the Department of Labour's website or contact your nearest labour centre.
