Sections of the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund (UIF) Act have been found to be in violation of the constitution as they display unjust discrimination when it comes to “maternity leave.” This discrimination affects mothers, fathers, surrogate parents, and those who adopt children.
Judge Roland Sutherland of the Johannesburg High Court has temporarily suspended the declaration of invalidity for a period of two years, allowing parliament the opportunity to address these issues.
In the interim, Judge Sutherland has ruled that all parents, provided they contribute to UIF benefits, are entitled to a four-month period of “parental leave.”
It is important to note that this ruling must receive confirmation from the Constitutional Court, and the Minister of Labour may express an intention to seek leave to appeal it.