What Employers Must Do Now The ruling has immediate consequences for organisations operating in South Africa or planning to expand there. Payroll teams, HR departments, and company directors should take the following actions: 1. Update policies and contracts Replace maternity and paternity leave categories with parental leave that applies equally to all parents. Amend employment contracts, HR handbooks, and HRIS systems to reflect the new shared-leave structure. Communicate policy updates clearly to employees, explaining how shared leave will be managed when both parents work. 2. Adjust operational planning Prepare for longer or overlapping periods of parental leave. Plan cover for critical roles and consider
The ruling has immediate consequences for organisations operating in South Africa or planning to expand there.
unfair discrimination claims under South African labour law. Payroll systems must be updated to capture and track shared-leave entitlements accurately. The interim framework is legally binding now, even though full legislative reform may take up to three years. 5. Strengthen diversity and inclusion practices The decision is an opportunity to promote equality and shared caregiving. Employers who adopt inclusive parental leave policies will improve their reputation, attract talent, and foster loyalty. Align local practice with global standards where
temporary staffing solutions or workload redistribution.
When both parents work for the same employer, ensure a fair process for agreeing on shared leave arrangements. 3. Review benefits and cost exposure Evaluate whether existing benefit schemes unfairly distinguish between mothers and other parents. Decide whether parental leave will be paid or unpaid, given the temporary UIF gap. Factor in potential replacement costs, overtime, or resourcing implications. 4. Manage compliance risk Non-compliance could expose employers to
possible to ensure consistency across jurisdictions.
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ISSUE 18 GLOBAL PAYROLL MAGAZINE
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