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From Maternity Leave to Parental Leave: What Has Changed?

Why Were Maternity and Paternity Leave Replaced?

Historically, maternity and paternity leave treated parents differently based on gender and biological roles. While maternity leave provided extended time off for birth mothers, paternity leave offered only limited leave for the other parent. This approach resulted in unequal outcomes, particularly for:

• Same-sex parents
• Adoptive parents
• Commissioning parents through surrogacy
• Single parents
• Families where only one parent is employed

The parental leave framework removes these distinctions and replaces them with a single, inclusive entitlement focused on parental responsibility rather than gender or biological status.

Who Qualifies for Parental Leave?

Parental leave applies to all employees who become parents, including:

• Birth parents
• Adoptive parents
• Commissioning parents in surrogacy arrangements
• Single parents
• Families where one or both parents are employed

There are no exclusions based on gender, marital status, or the age of an adopted child.

How Much Parental Leave Is Available?

Birth Parents

The birth parent who gives birth is entitled to four consecutive months of parental leave. Leave may begin before the expected date of birth and includes a compulsory post-birth recovery period, unless a medical practitioner certifies that the employee is fit to return to work earlier.

Where both parents are employed, they are jointly entitled to a combined parental leave period of four months and ten days, which replaces the former maternity and paternity leave structure.

If only one parent is employed, or in the case of a single parent, that parent is entitled to the full four months of parental leave.

Adoptive Parents

Adoptive parents are entitled to four months and ten days of parental leave, shared between both parents. Where only one adoptive parent is employed or the parent is single, the full four months may be taken by that parent.

Parental leave may commence when the adoption order is granted or when the child is placed in the parent’s care pending adoption.

Commissioning Parents (Surrogacy)

Commissioning parents in a lawful surrogacy arrangement are entitled to four months and ten days of parental leave, shared between both parents. A single commissioning parent, or where only one parent is employed, is entitled to the full four months.

Parental leave may commence from the date of the child’s birth.

How Can Parental Leave Be Taken?

When both parents are employed, parental leave may be taken:

• Concurrently
• Consecutively
• Partly concurrently and partly consecutively

All parental leave must be taken within four months of the birth, adoption, or surrogacy. Where parents cannot agree on the allocation of leave, it is divided as evenly as possible.

Is Parental Leave Paid?

Parental leave is unpaid, unless an employer’s internal policy provides otherwise.

Employees may apply for parental leave benefits from the Unemployment Insurance Fund (UIF), subject to the requirements of the Unemployment Insurance Act. This applies equally to birth parents, adoptive parents, and commissioning parents.

What Does This Mean for Families and Employers?

The introduction of parental leave:

• Promotes gender equality in caregiving
• Recognises diverse family structures
• Supports early childhood bonding
• Aligns workplace practices with constitutional values
• Creates a fair and consistent framework for employers and employees

By replacing maternity and paternity leave with parental leave, the law ensures that caregiving responsibilities—and the right to care for a new child—are shared more equitably across all families.