Judgment allowing fathers equal parental leave will also apply to adoptive parents

JOHANNESBURG - The Constitutional Court judgment allowing fathers equal shared parental leave to mothers will also apply to adoptive parents and parents by surrogacy.

On Friday, the court ruled that the current provisions of the Basic Conditions of Employment Act are discriminatory against fathers.

The order allows fathers and mothers to split 4 months and 10 days of parental leave as they see fit.

Part of the bid by the couple and organisations that approached the court is for the amendments to the Basic Conditions of Employment Act to include adoptive parents and parents by surrogacy.

The court has granted this in its order allowing parental leave for adoptive parents of children below the age of 2.

Rights group Sonke Gender Justice, which was a party in the matter, has welcomed this order.

The act will now be referred to Parliament for amendments to be made.