On October 3, 2025, South Africa’s Constitutional Court ruled that the country’s existing parental leave laws are unconstitutional. Under the old regime, new moms were entitled to four months of maternity leave, while fathers got just 10 days of paternity leave.

The Court found that this disparity was discriminatory and violated principles of equality and human dignity.

As an interim remedy, the Court ordered that both parents may now share a total of four months and 10 days of parental leave. That means couples can divide the time however they choose, either sequentially, concurrently, or in other combinations.

Parliament has been given 36 months to amend the Basic Conditions of Employment Act (BCEA) and related laws to align with the constitutional directive.

South Africa’s move joins a growing list of countries in the Global South that are already giving fathers’ leave entitlements.

In Peru, for example, fathers are entitled to 21 weeks of paid paternity leave, while in Laos, paternity leave is legally 17 weeks. In Benin, the statutory paternity leave is 12 weeks of paid leave. Rwanda continues with 16 weeks, and Comoros at 15 weeks.