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Parental Leave in 2025: What Has Changed and What You Need to Know

New rules for parents — whether by birth, adoption, or surrogacy.

🏛 A new law to protect all types of parents

In 2023, the South African High Court ruled that the old parental leave laws were unfair — especially to fathers, adoptive parents, and parents using surrogacy.

Now, in 2025, the law has changed.

Here’s what it means for you 👇

👶 You and your partner can now share parental leave

Before, only mothers could take 4 months off for the birth of a child. Fathers got just 10 days.

But now:

  • Parents can share the 4 months of leave however they choose

  • This includes biological, adoptive, and surrogate parents

  • The law applies to children born or placed after the court ruling

  • Your employer must give you time off — even if you're not the one giving birth

✅ This is called a shared leave regime.

📅 What kind of leave can I take?

You and your partner must agree how to divide the 4 months.

Here are some examples:

  • One parent takes the full 4 months

  • One parent takes 3 months, and the other takes 1

  • You split the time evenly (2 months each)

💡 You must tell your employer in writing how much leave you are taking.

🧾 Can I get UIF while I’m on parental leave?

Yes — if you and your employer have been contributing to UIF, you can apply for:

  • UIF Parental Benefits

  • UIF Adoption Benefits

  • UIF Commissioning Parent Benefits (for surrogacy)

AskMandla can help you get:

  • Your UI19 form

  • Your remuneration history

  • The correct UIF application form for your type of leave

  • Guidance on how to apply

📲 Just send us a message: “Parental UIF help”

👥 Who does this apply to?

✅ You qualify if:

  • You are a domestic worker, nanny, gardener, or caregiver

  • You are employed part-time or full-time

  • You are becoming a parent through birth, adoption (under age 2), or surrogacy

  • You or your employer contribute to UIF

❌ This does not apply:

  • If the child was born before the ruling (unless Parliament makes the change retroactive)

  • If you are not the legal parent of the child

  • If you are not an employee

💬 What to tell your employer

Let them know:

  1. That you are becoming a parent

  2. When the child is expected to arrive or be placed

  3. How much of the 4-month leave you want to take

  4. When you want to start your leave

AskMandla can help you write this message clearly in WhatsApp.

🔐 You are protected

Your employer:

  • Cannot refuse this leave

  • Cannot punish or fire you for taking it

  • Must let you return to the same or similar job after your leave ends

If you're treated unfairly, AskMandla can help you understand your rights.

⚠️ What is still changing?

This new system is based on a court ruling, not a final new law yet. Parliament has 2 years to change the law properly.

This means:

  • Some UIF rules might still change

  • The process might feel a little confusing

  • But the High Court ruling must still be followed

AskMandla is watching the updates and will guide you every step of the way.