Boss refuses equal parental leave for a new father
A new father is being denied his legal right to equal parental leave by an employer relying on outdated policies.
Premiumintermediate8 minutes
The Situation
What They Said
“The Constitutional Court ruled that fathers and mothers are entitled to the same parental leave, and I am exercising my right to take my full share.”
The user is a new father attempting to secure his legally mandated leave time. His employer is resisting, creating a power imbalance that threatens the user's family time and job security.
The Fallacy
Appeal to Outdated Authority
The employer is relying on superseded regulations that the Constitutional Court has explicitly declared unconstitutional. By claiming that parental leave is gender-specific, the employer is perpetuating unfair discrimination. The law now recognizes that both parents have an equal right to bond with and care for their child.
What the Law Says
Your Legal Foundation
Basic Conditions of Employment Act
Section 25A (read with Van Wyk v Minister of Employment and Labour 2025) — Parental Leave
“In Van Wyk v Minister of Employment and Labour (Constitutional Court, 3 October 2025) the parental-leave scheme in sections 25 to 25C of the BCEA was declared unconstitutional for discriminating against fathers and adoptive and commissioning parents. Pending new legislation, the interim order allows parents to share a combined four months and ten days of parental leave as they choose.”
Under the interim order an employer may no longer limit a father to only ten days: parents are entitled to share the combined parental-leave pool between them, and refusing a father his share is unfair discrimination.
What Scripture Says
God's Word on This
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“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.”
This scripture encourages standing up for justice and fairness, reminding us that advocating for one's legal rights is a way to uphold the dignity of the family unit.
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You Know the Law — But Do You Know What to Say?
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “The HR department claims they cannot process your UIF parental benefits because the government's online system hasn't been updated to reflect the new equal leave laws yet.”
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They might say: “Your manager agrees to the leave but hints that taking it will make you 'unreliable' and hurt your chances for promotion next year.”
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Know Your Rights. Know Your Word.
198 South African law and Scripture scenarios — exact rebuttals, constitutional law, and Scripture. Practise out loud with audio. Free to start.