New parents now able to share leave reserved for mothers, court rules

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A Limpopo couple argued that provisions in the Basic Conditions of Employment Act, which give mothers four months’ maternity leave and fathers just ten days off after the birth of a child, were discriminatory.

JOHANNESBURG - The High Court in Johannesburg has ruled that new parents should be able to share the four months’ leave that has, up until now, been reserved for mothers.

They argued that provisions in the Basic Conditions of Employment Act, which give mothers four months’ maternity leave and fathers just ten days off after the birth of a child, were discriminatory.In a ruling handed down on Wednesday, Gauteng Deputy Judge President Roland Sutherland agreed.

 

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