Proposed changes to maternal leave

Proposed changes to maternal leave

Podcast

Proposed changes to maternal leave

Podcast

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In August 2023, the Gauteng High Court heard arguments in the case of Van Wyk and Others v the Minister of Employment and Labour and Others that could have a significant impact on employees' entitlement to maternity leave.

Leila says there has not been a judgement on the case, and we wait to see what will happen once the matter has been considered. Leila says the applicants are seeking to advance a gender-neutral interpretation of the term "employee" in the provision of the Basic Conditions of Employment Act 75 of 1997 (BCEA) so that it applies to parents irrespective of whether they have given birth. This reading would extend the right to four months of maternity leave beyond an employee who gives birth to a child.

Depending on the relief granted, if any, it may result in a much wider pool of employees who are entitled to take four months maternity leave to care for their newborn child. This may have an operational impact on employers from a planning and capacity perspective and cost implications, particularly if the employer pays its employees while they are on maternity leave.