The government has asked for legal advice on the implementation of the Constitutional Court judgment granting parents, regardless of gender, equal access to four months and 10 days of parental leave.

According to the Department of Public Service & Administration (DPSA), the implications of the ruling handed down in October are being studied, reports The Mercury.

‘The DPSA has formally requested a legal opinion from the chief state law adviser to guide the appropriate response and implementation approach within the public service,’ said the department’s Acting DG Willie Vukela.

He reminded government employees that leave benefits applicable in the public service are regulated through a negotiated framework.

‘Any amendments to leave benefits, including parental leave, constitute a change to conditions of service and must therefore be renegotiated in the Public Service Co-ordinating Bargaining Council before they can be implemented in the public service,’ Vukela said.

He continued: ‘It must further be noted that parental leave provided for in the Basic Conditions of Employment Act is unpaid, whereas leave benefits in the public service are granted with full pay in terms of the existing leave policy and determinations. This distinction remains relevant and material when considering the implementation of the Constitutional Court judgment within the public service context.’

Vukela said the current leave dispensation in the public service remains applicable in the interim and departments must therefore continue to administer leave in accordance with the existing leave policy and determinations.

Full report in The Mercury