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The Constitutional Court’s Van Wyk judgment has transformed parental leave in South Africa, requiring employers to review leave policies, HR processes, and payroll systems. The new interim framework provides more equitable parental leave rights for biological, adoptive, and commissioning parents while reducing discrimination risks. Employers should act now to ensure compliance with the BCEA, strengthen workforce planning, and prepare for future legislative amendments.

The Minister of Employment and Labour has increased the BCEA earnings threshold to R269 600.90 per year, effective 1 May 2026. This change affects which employees qualify for protections on working hours, overtime, meal intervals, rest periods, Sunday work, night work, and certain public holiday pay rules. Employers should audit payroll, contracts, and workforce classifications to stay compliant.

COIDA thresholds rise for 2025/2026—employers must update payroll and ROE submissions to reflect new earnings caps and minimum assessments.