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A Shift in South African Labour Law This Constitutional Court ruling is among the most progressive developments in South Africa’s labour law in recent years. It modernises the legal definition of parenthood and reflects broader global trends toward gender equality in caregiving. For payroll and HR professionals, it represents
6. Monitor legislative updates The BCEA and UIF Act must be amended within 36 months, likely by October 2028. Employers should stay informed about how UIF benefits will eventually
align with the new leave categories. Payroll teams should anticipate system adjustments once UIF payments for non- birthing parents are clarified.
Risks and Considerations
Payment gap: The UIF system has not yet been updated to cover all parent categories. Unless employers choose to pay during parental leave, many employees may take unpaid leave, potentially causing dissatisfaction. Policy inconsistency: Global companies with more generous parental leave policies elsewhere may face fairness or expectation issues if South Africa’s local version lags behind. Legal uncertainty: During the three-year transition, the interpretation and administration of the new regime may vary. Flexibility and close legal monitoring are essential. Discrimination exposure: Continuing to grant extended paid leave only to mothers could now amount to unlawful discrimination. Cost management: Some employers may voluntarily enhance benefits beyond statutory requirements to remain competitive, though this carries cost implications.
both a compliance challenge and an opportunity to lead change within their
organisations. Updating systems, ensuring equity, and communicating transparently with employees will be key to managing this transition responsibly.
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GLOBAL PAYROLL MAGAZINE ISSUE 18
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