This Policy template and application form template give effect to the judgment of the Constitutional Court in Van Wyk and Others v Minister of Employment and Labour; Commission for Gender Equality and Another v Minister of Employment and Labour and Others (CC) 2025 (the “Van Wyk judgment”), which declared sections 25, 25A, 25B and 25C of the Basic Conditions of Employment Act 75 of 1997 (“BCEA”), and the corresponding sections of the Unemployment Insurance Act 63 of 2001 (“UI Act”), constitutionally invalid to the extent that they unfairly discriminated between mothers and fathers, and between different categories of parents.

This Policy further reflects the proposed amendments contained in the Labour Law Amendment Bill, 2025 (published for public comment by the Minister of Employment and Labour on 26 February 2026) (the “Amendment Bill”). Where the Amendment Bill is enacted in a form that differs materially from this Policy, the Policy will need to be updated accordingly.

It is incumbent on you to consider whether each clause is applicable to your company and, if so, whether it should be left in or adjusted for the nature of your industry and company.