Proposed labour law changes could grant parental leave after miscarriage or stillbirth

2026-03-04 - 11:23

South Africans have until the end of March 2026 to comment on proposed labour law changes, including a proposal to allow employees who miscarry in the third trimester or give birth to a stillborn child to take parental leave. Employment and Labour minister Nomakhosazana Meth has gazetted the Labour Laws Amendment Bill 2025 and the Labour Relations Amendment Bill 2025, proposing wide-ranging changes to South Africa’s labour framework. “The proposed changes modernise key labour laws and introduce practical measures aimed at improving job security, promoting fairness, and extending fundamental rights to vulnerable and previously excluded categories of workers,” said the department. ALSO READ: Labour secures pension and severance gains Maternity changes to parental leave The amendments introduce a more equitable parental leave system by replacing the fragmented maternity and parental leave framework with a shared parental leave model. A single or sole employed parent is entitled to four months’ parental leave, while two employed parents share four months and ten days, subject to agreed arrangements or equal sharing in the absence of agreement, with priority given to the birthing mother. Leading corporate and commercial law firm Cliffe Dekker Hofmeyr (CDH) notes that this leave may be taken by two parents concurrently, consecutively, or partly concurrently and partly consecutively. However, the birthing mother is not allowed to work for six weeks after birth, unless a medical practitioner certifies she is fit to do so. Parental leave after miscarriage CDH added that the introduction of the parental leave model allows employees who have a miscarriage during the third trimester of pregnancy or bear a stillborn child to go on a six-week parental leave. The scope has also been expanded to cover adoptions of children up to six years old (previously limited to under two) and commissioning parents in surrogate arrangements. CDH highlighted that if the parents are unable to agree on the leave allocation, the leave entitlement must be apportioned equally between them. “These changes promote gender equality, recognise diverse family structures, and give working parents greater flexibility and security during a critical life event,” said the department. ALSO READ: Landmark ruling: Couples can now share parental leave Protection for non-permanent contract workers One of the amendments to the labour law is the protection of workers on “on-call”, zero-hours, or min-max contracts. The department identified these employees as typically working in retail, security, or hospitality. It is noted that these employees are frequently vulnerable to irregular hours, no guaranteed income, and last-minute cancellations. “The amendments require employers to set out in writing the guaranteed hours, maximum hours, availability periods, and reasonable notice periods for reporting or cancelling shifts,” said the department. “If the employer cancels work without proper notice, the employee must be paid for those hours.” The amendment will also protect employees from being unfairly restricted from working elsewhere unless there are genuine operational reasons (such as protecting confidential information). “These measures aim to reduce exploitation, provide greater income and scheduling predictability, and ensure fair treatment compared to permanent staff.” Protection of independent workers The Labour Relations Amendment Bill amends how independent contractors and dependent contractors, such as gig workers, delivery drivers, or home-based service providers, are protected under the act. Currently, these types of workers fall outside the definition of “employee” and lose access to freedom of association, organisational rights, collective bargaining, and protection against unfair dismissal. “These workers can now join or form trade unions, exercise organisational rights, bargain collectively, and participate in protected strike action,” said the department. “This reform addresses the growing ‘twilight zone’ of precarious work identified by the Constitutional Court and aligns South Africa with its ILO [International Labour Organization] obligations under Convention 87.” Dismissal for new employees CDH noted that the proposed changes do not protect on-probation employees from unfair dismissals. “Two proposed changes are likely to attract close attention. First, unfair dismissal protections may not apply to new employees during their first three months, or for a longer probation period where that period is reasonable and operationally justifiable,” said CDH. “Second, contracts may more readily provide for an inquiry by arbitrator through the Commission for Conciliation, Mediation and Arbitration (CCMA), a bargaining council or an accredited agency, as a way to reduce downstream disputes.” Comments for the Labour Law Amendment Bill and Labour Relations Amendment Bill should be addressed, via email, to Hlukani.Mabunda@labour.gov.za or Kgatlhanye@labour.gov.za . NOW READ: Domestic workers to get an almost R2 increase. Here’s the new wage for 2026