South African maternity-leave law changed on 2 October 2025. The Constitutional Court confirmed the Gauteng High Court's 2023 finding that sections 25 and 25A to 25C of the Basic Conditions of Employment Act are constitutionally invalid — they unfairly discriminated between mothers and fathers, and between biological parents and adoptive or surrogacy parents (Cliffe Dekker Hofmeyr — "Constitutional Court redefines parental leave", 3 October 2025, 2025). The interim regime now gives all parents a shared 4 months and 10 days of parental leave. This guide walks through what that means for educators, how the PAM document still governs paid-salary entitlement, and what UIF will actually pay.
From the WC office: In the past year, NAPTOSA Western Cape representatives engaged with educators across the province on this exact issue at the ELRC and at school-rep level. The patterns we describe below come from those interactions.
TL;DR: After the 2 October 2025 Constitutional Court ruling, South African parents — biological, adoptive, and surrogacy parents, of any gender — are entitled to a combined four months and ten days of parental leave, splittable between the two parents as they choose (Bowmans — "The end of maternity leave?", 2025). UIF pays maternity-style benefits at a flat 66% of earnings for up to 121 days, capped at the new R17,712/month UIF salary ceiling (UIF Maternity Benefits, 2026). For public-school educators, the PAM document (Chapter H, leave) continues to set the paid-salary rules until the ELRC re-negotiates them.
What exactly did the Constitutional Court change on 2 October 2025?
The pre-ruling BCEA regime gave mothers four consecutive months of (unpaid-by-statute) maternity leave, while fathers, adoptive parents and surrogacy commissioning parents were entitled only to much shorter parental or adoption leave. The Gauteng High Court found in 2023 that this was unfair discrimination on the basis of gender and parent type (Van Wyk and Others v Minister of Employment and Labour, 25 October 2023, 2023). The Constitutional Court confirmed that finding on 2 October 2025, so sections 25 and 25A to 25C of the BCEA are now constitutionally invalid.
The interim order — the regime in force right now
The Constitutional Court did not simply strike down the sections — it read in a workable interim regime until Parliament passes new legislation. All parents of a child born, adopted or born via surrogacy are now collectively entitled to four months and ten days of parental leave, which they may split between them in any way they choose (DLA Piper — "Both parents now entitled to parental leave in equal measure", 2025). One parent may take the full period; the two parents may split it evenly; or any combination in between.
Why this matters for educators specifically
For public-school educators, the BCEA is the floor — the PAM document and the Employment of Educators Act 76 of 1998 set the actual paid-salary entitlements. The ConCourt ruling changes the floor, but the PAM document (last updated in 2022) still governs what you're actually paid during the leave (ELRC — Personnel Administrative Measures (PAM) 2022, 2022). The ELRC is expected to re-negotiate Chapter H of PAM to match the new BCEA floor.
How much parental leave do you actually get as a public-school educator?
The short answer: at least the new BCEA floor of 4 months and 10 days (the "130 days" figure often cited), shared between you and the child's other parent if both are employed. Under the PAM document for public educators, the leave is paid at full salary for the portion taken by a mother giving birth, and generally on the shorter paternal / parental model for the other parent — pending the expected PAM amendment.
Timing — when the leave can start
A birth mother may begin leave at any time from four weeks before the expected date of birth, or earlier on the certification of a medical practitioner if continued work would endanger her health or the pregnancy. The leave must be taken as a continuous period.
Notification requirements
Give your school-based employer written notice of your leave plan at least four weeks before you intend to start — sooner is better. Include your expected start and end dates and whether any of the 130-day block is being taken by the other parent. Attach a medical certificate where required.
What happens on return
You have the right to return to the same position, or to a position not substantially less favourable, after parental leave. Dismissal or demotion for reasons related to pregnancy, parental status or the exercise of parental-leave rights is automatically unfair under section 187(1)(e) of the Labour Relations Act 66 of 1995 (LRA s.187, 1995).
The interim parental-leave regime after 2 October 2025. All parents — biological, adoptive, and surrogacy — now collectively receive four months and ten days (approximately 130 days) of parental leave, splittable between the two parents in any combination they choose: one parent may take the full 130 days, both may split 50/50 (65 days each), or any other division such as 75/25 (97 days and 33 days). The interim order applies until Parliament passes replacement legislation. Source: Constitutional Court confirmation (2 October 2025) of Van Wyk v Minister of Employment and Labour (2023 ZAGPJHC 1213).
Citation capsule. From 2 October 2025, South African parents — biological, adoptive, and surrogacy parents — collectively receive four months and ten days of parental leave under the Constitutional Court's interim order, splittable between the two parents in any combination they choose (Cliffe Dekker Hofmeyr, 3 October 2025, 2025). Public-school educator entitlements remain governed by PAM Chapter H until the ELRC re-negotiates the chapter to match the new BCEA floor.
What does UIF actually pay during maternity-style leave?
UIF pays maternity-style benefits separately from your employer's salary entitlement. Understanding the two streams matters — many educators miss the UIF claim because they assume the PAM paid-salary covers everything.
Rate and duration
UIF maternity benefits are paid at a flat rate of 66% of your contribution earnings for up to 121 days, or roughly 17 weeks (UIF Maternity Benefits, Department of Employment and Labour, 2026). Benefits are calculated against the UIF salary ceiling, which rose to R17,712 per month in 2026, capping the maximum benefit accordingly.
How to apply
Submit your application via the uFiling portal or at your nearest Labour Centre before you start leave, or up to 12 months after the birth. You'll need: proof of contribution (your employer's UIF returns), medical certificate of pregnancy or birth certificate, and banking details. Processing times vary by region — submitting early is the single best predictor of getting paid on time.
Interaction with your PAM paid-salary entitlement
If your employer pays full salary during PAM leave, UIF tops up the difference only to the extent that the combined income doesn't exceed your normal salary. If your employer pays less than full salary, UIF pays up to the 66% benefit subject to the cap.
Protection against pregnancy or parental-leave discrimination
Section 187(1)(e) of the Labour Relations Act makes any dismissal related to pregnancy, intended pregnancy, or any reason related to pregnancy or parental-leave rights automatically unfair. "Automatically" means no fair-procedure defence — the employer cannot rely on operational-requirements or misconduct grounds if the real reason is pregnancy or parental status.
What counts as pregnancy-related dismissal
- Dismissal while pregnant, on the basis of the pregnancy itself
- Dismissal for intending to become pregnant
- Dismissal for taking, or planning to take, parental leave
- Dismissal shortly after return from leave where the real reason is the leave or the pregnancy
How to challenge it
The right route is a referral to the ELRC on Form E1 within 30 days of dismissal under section 191 of the LRA. Automatically-unfair dismissal carries a higher compensation cap (up to 24 months' remuneration) than ordinary unfair dismissal.
How to challenge a dismissal at the ELRC
How does NAPTOSA support members on maternity and parental leave matters?
NAPTOSA's provincial offices handle the full arc: drafting the pre-leave notification letter, liaising with payroll on paid-salary calculations, preparing the UIF application, and — if discrimination arises — running the ELRC referral. The Western Cape office handles a steady flow of PAM-related leave queries each year, including several pregnancy-related unfair-dismissal matters that almost always settle at ELRC conciliation once the member has representation (NAPTOSA WC Contact, 2026).
FAQ: Parental leave rights for South African educators
How much parental leave am I entitled to after the 2025 ruling?
4 months and 10 days in total, shared between the two parents. Biological, adoptive and surrogacy parents all qualify equally (Cliffe Dekker Hofmeyr, 3 October 2025, 2025). You may take the full period, split 50/50, or any other combination.
Does the BCEA still guarantee four months of maternity leave?
No. The Constitutional Court confirmed on 2 October 2025 that sections 25 and 25A-25C of the BCEA are constitutionally invalid. Until Parliament passes replacement legislation, the ConCourt's interim order governs (Bowmans, 2025, 2025).
Do educators get paid during maternity or parental leave?
Paid-salary entitlement is set by the PAM document (Chapter H), not the BCEA. The PAM document currently provides paid maternity leave at full salary for the birth mother and shorter paid parental leave for the other parent (ELRC PAM 2022, 2022). Expect a PAM amendment once the ELRC re-negotiates Chapter H to match the new BCEA floor.
How much will UIF pay?
UIF maternity benefits pay a flat 66% of your contribution earnings for up to 121 days, subject to the 2026 UIF salary ceiling of R17,712/month (UIF Maternity Benefits, 2026). Apply via uFiling before the leave starts — or within 12 months after the birth at the latest.
Can I be fired for taking maternity or parental leave?
No. Section 187(1)(e) of the LRA makes any pregnancy-related or parental-leave-related dismissal automatically unfair. Higher compensation cap (up to 24 months' remuneration). Refer on Form E1 to the ELRC within 30 days of dismissal.
Maternity leave rights overview
What should you do first if you're planning parental leave?
Three steps, in order. Read your current PAM Chapter H entitlement and note the dates. Submit the written notification letter to your principal at least four weeks before leave starts. Contact NAPTOSA before you file the UIF claim — your provincial LRO will check that your paperwork matches the new 2025 regime, not the outdated forms still circulating in some payroll offices.
Planning maternity or parental leave? Contact your provincial NAPTOSA office before you file. Bring your expected leave dates, a copy of your payslip, and your UIF reference. Early advice costs nothing and protects the post-ConCourt entitlement.