Parental Leave After van Wyk Pop-Up

Parental Leave After Van Wyk: Practical Strategies, Defensible Pay Models, and Urgent Compliance Actions for Employers

On 3 October 2025, the Constitutional Court fundamentally changed the parental leave landscape in South Africa through the Van Wyk judgment, declaring key provisions unconstitutional and introducing an interim shared parental leave framework.

For employers, this is far more than a legal update—it is a strategic HR, payroll, and compliance challenge.

The Court has equalised leave entitlements, but it has not prescribed exactly how employers should approach payment during parental leave. This means organisations must now make critical decisions regarding leave structures, remuneration models, and policy design—while managing legal risk, employee expectations, and operational realities.

Many employers are already exposed without realising it.

Why This Webinar Matters

The legal framework has changed, but the practical implementation questions remain.

Different approaches to parental leave pay can create vastly different legal, financial, and employee-relations outcomes. Organisations that fail to act proactively may find themselves vulnerable to discrimination disputes, employee complaints, inconsistent policy application, and future litigation.

This session provides practical guidance, decision-making frameworks, and defensible approaches that organisations can implement immediately.

What You Will Learn

• Understanding the Van Wyk Judgment
  Gain clarity on what the Constitutional Court ruling requires from employers right now and how the interim shared parental leave model operates in practice.

• Shared Parental Leave in Practice
  Understand how leave may be structured between parents and the implications for policy design, employee relations, and compliance.

• Parental Leave Pay Models
  Explore seven structured remuneration approaches and understand where each model sits on the legal and operational risk spectrum.

• Postpartum Recovery Pay vs Bonding Pay
  Understand why this distinction has become one of the most important concepts emerging from the judgment and how it influences employer decision-making.

• Designing Defensible Policies
  Learn how to create a fair, non-discriminatory parental leave framework that aligns with organisational realities while reducing legal risk.

• Managing Compliance Risks
  Identify high-risk policy positions currently being adopted in the market and understand how to avoid common pitfalls.

• Payroll, Contracts and Policy Updates
  Discover what changes may be required within your employment contracts, payroll systems, leave policies, and internal procedures.

• Balancing Cost, Fairness and Employee Experience
  Develop an approach that protects the organisation while supporting employee wellbeing and workplace equity.

Included for All Delegates

Delegates will receive:

• A parental leave policy template aligned to the new dispensation

• A model contract clause for immediate implementation

• Practical guidance notes to support internal discussions and decision-making

Who Should Attend?

This session is particularly relevant for:

• HR Executives and HR Managers

• Employee Relations Practitioners

• Payroll and Reward Specialists

• Legal and Compliance Teams

• Business Partners

• Executives responsible for people strategy and governance

Why Attend?

This is not a theoretical legal update.

You will leave with practical frameworks, implementation options, policy guidance, and real-world employer scenarios designed to help your organisation make informed decisions before disputes arise.

The current environment presents both risk and opportunity. Organisations that move early can create fair, sustainable and defensible parental leave frameworks. Those that delay may find themselves responding reactively to employee complaints, compliance concerns, or litigation.

Event Details

Date: 20 July 2026

Time: 10:00–11:30

Platform: Zoom

Investment: R950 excl. VAT per delegate

Contact: info@globalbusiness.co.za for more info.

Presented by Global Business Solutions (GBS) – Your Partner in Strategic HR Compliance.

All sessions can also be delivered as customised in-house workshops, virtually or on-site. All conferences and workshops are subject to minimum delegate numbers.

Presented by Global Business Solutions (GBS)—Your Partner in Strategic HR Compliance

All workshops are offered as customised in-house training that can be presented virtually or on-site.

*All courses and conferences are subject to minimum delegate numbers.

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