In a recent judgment, the High Court has ruled that all classes of parents (birthing parents, adoptive parents and surrogacy commissioning parents) should be afforded a collective four months of parental leave. In this judgment, the High Court has proposed, among other things, replacing the existing section 25(1) of the Basic Conditions of Employment Act (dealing with maternity leave) to entitle an employee, or a pair of parents collectively, to at least four consecutive months of parental leave, taken in accordance with their election where one parent takes the full period; or each parent takes turns taking the leave.
Our experts have put together the below document addressing some of the frequently asked questions regarding this judgment.
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