Supporting Working Families Through Fairer Leave Policies

In 2025, South Africa took another progressive step toward supporting working families. The latest updates to the Basic Conditions of Employment Act (BCEA) refine how parental, adoption, and commissioning parental leave are applied — creating a more inclusive and equitable framework for all parents, regardless of gender or family structure.

For business owners and HR managers, these changes aren’t just about compliance — they’re about building workplaces that reflect empathy, equality, and family support.

What Has Changed in the Parental Leave Law?

Under the previous framework, only mothers received four months of maternity leave, while fathers or partners were entitled to 10 days of parental leave.

The 2025 amendments clarify and strengthen these provisions:

• Parental Leave:
  All parents are now entitled to 10 consecutive days of parental leave when a child is born, adopted, or commissioned via surrogacy.

• Adoption Leave:
  For adopted children under two years old, one adoptive parent qualifies for 10 weeks of adoption leave, while the other parent receives 10 days of parental leave.

• Commissioning Parental Leave:
  In surrogacy arrangements, one commissioning parent is entitled to 10 weeks of commissioning parental leave, and the other receives 10 days.

• Payment:
  Employers are not obligated to pay salaries during parental leave. Instead, employees may claim UIF benefits through the Unemployment Insurance Fund (UIF).

For more detail, you can view the official Basic Conditions of Employment Act (BCEA) and related updates on the Department of Employment and Labour’s website.

Why This Matters for Employers

For many small and medium-sized businesses, these changes mean updating internal leave policies, employment contracts, and HR systems. Employers should ensure that:

• Leave records and payroll systems reflect the new entitlements.

• Policies and communication are inclusive and gender-neutral.

• Employees understand how to apply for and claim UIF parental benefits.

• HR teams are trained on the new rules and documentation requirements.

Updating these processes not only ensures compliance with labour law but also demonstrates genuine care for employees and their families.

How Will the Shared Parental Leave Be Tracked?

A common question from employers and HR teams is how the new four months and ten days of shared parental leave will be managed and monitored — especially when both parents work for different companies.

The answer lies in the distinction between what employers record and what the Unemployment Insurance Fund (UIF) monitors.

1. Employers manage leave individually

Each company is only responsible for managing and recording the leave taken by their own employee.
There’s no shared national system that tracks both parents’ total leave across different workplaces.
Employers should, however, ask for documentation (such as a birth or adoption certificate) and confirm how much leave their employee intends to take as part of the shared entitlement.

2. UIF monitors the total benefits

While employers manage leave internally, the UIF tracks and verifies the total leave claimed by each parent across the system.
Since UIF benefits are linked to an employee’s ID number, the Fund can identify overlapping or excessive claims between parents and ensure that the total shared entitlement does not exceed four months and ten days.

3. Why UIF compliance matters

Employers play a key role in ensuring that their staff can access UIF benefits.
This means:

• Every employee must be registered for UIF.

• Both employer and employee contributions must be fully up to date.
  If UIF contributions are not current, employees risk losing access to their parental leave benefits — even if they qualify under the law.

In summary: Employers record the leave taken internally, while UIF monitors and pays out the benefits. The two systems work together — but it’s up to each company to ensure their UIF compliance and recordkeeping are accurate.

✅ SME Compliance Checklist: Parental Leave 2025

A quick, actionable checklist for South African SMEs to stay compliant with the new parental leave laws:

1. Review Leave Policies:
☐ Update your leave policy to include parental, adoption, and commissioning parental leave.
☐ Use inclusive, gender-neutral terms throughout.

2. Update Employment Contracts:
☐ Reflect the correct leave entitlements in all new and existing contracts.
☐ Ensure no outdated “paternity/maternity” terms remain.

3. Train HR and Payroll Staff:
☐ Communicate new rules and UIF claim procedures.
☐ Check that payroll systems are configured to record these new leave types.

4. Update UIF Processes:
☐ Confirm UIF registration is active and staff know how to submit claims.
☐ Share UIF parental leave guidelines with employees.

5. Communicate to Employees:
☐ Send an internal notice summarising their new parental leave rights.
☐ Include examples for adoptive and commissioning parents.

6. Audit and Record:
☐ Keep digital leave records up to date.
☐ Schedule annual HR policy reviews to remain compliant with future amendments.

Tip: The updated Leave Policy Template in the HRSimplified Workplace Policy Pack includes these 2025 updates and is ready to customise for your business.

Creating a More Inclusive Workplace

The new parental leave framework recognises that families take many forms — biological, adoptive, and surrogate — and that caregiving responsibilities extend beyond traditional roles.

By aligning policies with these updates, employers can:

• • Strengthen employee morale and retention,

  • Promote gender equality in caregiving, and

  • Build a more supportive and progressive workplace culture.

Updated Leave Policy Template for Employers

To help South African businesses stay compliant, the Leave Policy Template in the HRSimplified Workplace Policy Pack has been updated to include the 2025 labour law changes.

It’s available on out HR Template store and can easily be tailored to suit each organisation’s needs.

Expert Insight: HR Compliance Made Simple

Recent parental leave changes highlight how quickly employment laws evolve — and how vital it is for SMEs to keep their HR policies current.
At HRSimplified, we continuously track updates to South African labour legislation and revise our Workplace Policy and Compliance Pack to ensure businesses stay compliant with the latest BCEA and UIF requirements.

By maintaining accurate, inclusive policies, employers protect both their people and their business reputation.

Final Thoughts

Labour laws evolve alongside society — and this update to South Africa’s parental leave provisions reflects a positive shift toward inclusivity and family wellbeing.
Employers who act now by reviewing their policies, communicating clearly with employees, and ensuring compliance will not only meet the law but also foster a more loyal and engaged workforce.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult the Department of Employment and Labour or a qualified labour law professional.

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