On 15th December 2025, the Paternity Leave (Bereavement) Act 2024 (Commencement) Regulations 2025 were passed, bringing the whole of the Paternity Leave (Bereavement) Act 2024 (the Bereavement Act) into force on 29th December 2025. The Government has also introduced the Bereaved Partner’s Paternity Leave Regulations 2026 which will extend fathers and partners
The Department for Business and Trade has launched a consultation under the Employment Rights Bill to introduce a new statutory entitlement to bereavement leave, including for pregnancy loss before 24 weeks. The consultation is open until 15 January 2026 and seeks views from employers, legal professionals, trade unions, charities, and individuals with lived experience.
Overview
South African labour law does not have any specific legislation solely dealing with compassionate leave in the event of bereavement. However, the Basic Conditions of Employment Act, 1997 (BCEA) provides for what is termed family responsibility leave.
The BCEA was introduced specifically to give effect to the right to fair labour practices by