South Africa is set to become the first country in Africa to introduce a shared parental leave after a High Court decided that both parents have the right to time off after having or adopting a child.
The landmark judgment rules both parents must now have the right to take substantial time off after the birth of a baby or the adoption of a child.
The Gauteng Division of the High Court in Johannesburg has ruled that employees should be entitled to take up to four months off, stating the current provisions “unfairly discriminate”.
Parents will be able to choose how they use the leave, meaning it can either be taken in its entirety by one parent or divided up as they see fit.
Some have criticized the judgement, saying it shortchanges mothers who should not have to give up their leave.
Parliament has been given two years to make substantive changes.
In the past, mothers were entitled to four months’ leave while fathers and partners were only allowed a maximum of 10 days.