Hey dads, big news about parental leave

Following a Constitutional Court ruling, South African law now gives all parents, including biological fathers, adoptive parents and parents in surrogacy arrangements, equal access to the same amount of parental leave. Previously, these parents did have some leave, but for much shorter periods.

This means that dads are officially recognised as an essential caregiver from the start of their children’s lives. This is an important step that acknowledges a simple truth: the active involvement of all parents is crucial, especially that of fathers.

So what are you actually entitled to?

If both you and your partner are employed, you now share a total of four months and 10 days of parental leave. You can decide how to divide the time in whichever way works best for your family.

You could take the first two months while your partner recovers and then hand over so she can return to work while you stay home for the next two. You could also spend some of that time off together for part of the period. It is entirely up to you, depending on what makes sense for your family.

If you are a single father or the only employed parent, you are entitled to the full four months and 10 days on your own. The ruling came into effect immediately after the Constitutional Court’s decision in October 2025, so this applies right now, even though Parliament still needs to update the official law. This is not a future idea but a current right, and you should feel confident using it.

Planning your leave and pay

You need to tell your employer at least a month before your baby arrives or an adoption is finalised. Your notice should say when your leave will start and how long it will last.

Parental leave is unpaid, so you will need to claim from the Unemployment Insurance Fund (UIF) if you have been contributing. Some employers may still pay your salary, so check your company’s policy ahead of time and get your UIF paperwork ready. Planning in advance will let you focus on what really matters: spending those first months with your child.

Why this change matters

Children do best when both parents are actively involved from the start. Research shared through Fathers Matter shows that a father’s presence in the first 1000 days supports a child’s emotional, social and cognitive development. Fathers who are engaged early help raise children who are more confident and secure, while also supporting mothers’ well-being and strengthening families as a whole.

It is not only good for your child, it is good for you as well. Spending those early months together helps you form a bond that will last a lifetime, and it gives you the chance to share the load with your partner so neither of you is carrying it alone. The new law finally gives you the legal support to live out that kind of fatherhood without feeling like you have to fight for it.

What you should do next

If your company still thinks you only get 10 days of paternity leave, point them to the Constitutional Court’s judgment in Van Wyk and Others v Minister of Employment and Labour from October 2025.  It is official, both parents now have shared rights to parental leave, and it applies immediately.

This is your opportunity to step into fatherhood with confidence. Take the time, be present for the night feeds and the early mornings, and don't shy away from the messy parts. Go ahead, book that leave, make a plan, and enjoy every second of it, because fatherhood just got a well-earned upgrade.

As Fathers Matter, we encourage fathers to take more parental leave, however, in practice things might look a little different. Sello Simelane, a young pastor and new dad whose son was born before the law came into effect, said, “Honestly, I would have given the extra time to my wife. Seeing how hard childbirth has been on her body, she deserves all the rest and recovery she can get.”

Fana Mahlangu, a father and member of the Heartlines team, also welcomes the change. When his children were born, he was only entitled to 10 days of leave, which made it difficult to be as involved as he wanted. Reflecting on the new law, he said, “If I were to have another child, I would want to split the time with my partner so I can be there from the start. Fathers and mothers parent differently, and I would like my child to get used to me and how I do things as a father.”