The Constitutional Court’s Van Wyk judgment clarifies who qualifies for parental leave under the BCEA: only those who assume full parental rights under the Children’s Act. Foster parents, recognised as temporary caregivers without guardianship, do not meet this threshold. Likewise, surrogate mothers hold no parental rights in valid surrogacy agreements—parental status vests in the commissioning parents at birth. While the law is clear, the ruling raises important policy quest

The Constitutional Court’s Van Wyk judgment reshapes South Africa’s parental-leave framework under the BCEA and UIA, requiring equal treatment for all parents and prompting major compliance, cost, and policy challenges. Employers must now reassess paid-leave benefits, align with interim provisions effective 3 October 2025, and balance equity with sustainability through lawful consultation, capped-benefit models, and strategic HR planning.