UIF Parental and Adoption Benefits: What Fathers and Adoptive Parents Can Claim

UIF Parental and Adoption Benefits: What Fathers and Adoptive Parents Can Claim. For years, South African fathers had just three days of “family responsibility leave” when a baby was born, and adoptive parents had nothing at all. That changed in 2020, and changed again in October 2025 when the Constitutional Court ruled on parental leave.

If you’re a father, an adoptive parent or a parent through surrogacy, this guide explains what leave you’re entitled to and what the UIF pays.

The three UIF benefits for parents (besides maternity)

The Labour Laws Amendment Act, which took effect on 1 January 2020, added three benefits to the UIF:

Benefit	Who it was designed for	Original leave period
Parental benefit	A parent who isn’t the birth mother, such as the father	10 consecutive days
Adoption benefit	One adoptive parent of a child under two	10 consecutive weeks
Commissioning parental benefit	One parent in a surrogate motherhood agreement	10 consecutive weeks

These benefits are paid by the UIF at 66% of your earnings, up to the earnings ceiling of R17,712 a month. Your employer isn’t required by law to pay you during this leave, which is why the UIF benefit matters.

Birth mothers claim maternity benefits instead, covered in our UIF maternity benefits guide.

What the 2025 Constitutional Court ruling changed

On 3 October 2025, in Van Wyk and Others v Minister of Employment and Labour, the Constitutional Court found that the parental leave sections of the Basic Conditions of Employment Act unfairly discriminated between mothers, fathers, adoptive parents and commissioning parents.

The court gave Parliament 36 months to fix the law. In the meantime, an interim arrangement applies:

• All parents share four months and ten days of parental leave, regardless of gender or how the child joined the family.
• Where both parents work, they can split the leave in any way they agree, take it at the same time or one after the other. If they can’t agree, it’s split as equally as possible.
• A single parent, or a parent whose partner doesn’t work, gets the full four months and ten days.
• The age limit of two for adoption has been removed. Leave starts when the court places the child with you.
• Commissioning parents in a surrogacy agreement can start their leave on the day the child is born.
• The birth mother still may not work for six weeks after the birth unless a doctor or midwife certifies she’s fit to, and that time counts toward the shared leave.

What it means for UIF payments

The ruling changed the leave you’re entitled to under employment law. The UIF benefit rules sit in a different law, the Unemployment Insurance Act, and full alignment between the two is still expected to come through new legislation. Employment law firms have pointed out that the two laws are currently out of step.

In practice:

• Apply for the UIF benefit that matches your situation (parental, adoption or commissioning parental).
• Ask the UIF or your labour centre how much leave they will pay for in your case, especially if you and your partner are sharing leave.
• Keep copies of the shared leave arrangement you agreed with your partner and your employer.

Because these rules are changing, check for updates before your leave starts.

Who qualifies?

You can usually claim if:

• You’re employed and contributing to the UIF
• You’ve been contributing for at least 13 weeks before your leave
• You’re taking parental, adoption or commissioning parental leave
• Your employer isn’t paying your full salary during the leave

Documents you’ll need

Parental benefit

• Your ID or passport
• The child’s birth certificate
• The application form (parental leave forms are available on labour.gov.za)
• UI-2.7 from your employer showing what they paid you during your leave
• UI-2.8 banking details form stamped by your bank

Adoption benefit

• Your ID or passport
• The court order granting the adoption or placing the child in your care
• The application form UI-2.4
• UI-2.7 and UI-2.8

Commissioning parental benefit

• Your ID or passport
• The surrogate motherhood agreement confirmed by the High Court
• The child’s birth certificate
• UI-2.7 and UI-2.8

See our UIF claim forms guide for more on each form.

How to apply

• Give your employer written notice of your leave. Notice of at least one month is normally required, or four weeks for leave around a birth, unless that isn’t possible.
• Ask your employer for the UI-2.7 before you go on leave.
• Apply online on UIF Online or at a labour centre.
• Upload or hand in your documents.
• Keep your reference number and follow up using our UIF status check guide.

When to apply

Apply as soon as your leave starts, or even before if you have all the documents. Late applications cause delays, and gathering paperwork with a new baby at home is harder than it sounds.

Do these benefits use up your credits?

Parental, adoption and commissioning parental benefits are paid in the same way as maternity benefits and are meant to be separate from your unemployment credits. If you’re unsure in your situation, ask the UIF when you apply.

Tips for planning your leave

• Talk to your partner early about how you’ll split the shared leave
• Put the arrangement in writing and give a copy to both employers
• Ask HR whether your employer pays anything on top of the UIF benefit
• Prepare your documents before the birth or placement date
• Keep proof of every submission and SMS from the UIF

FAQs About UIF Parental and Adoption Benefits

Can fathers claim UIF?

Yes. Fathers can claim the parental benefit, and since the 2025 ruling, they can share the four months and ten days of parental leave with the mother.

How much does UIF pay for parental leave?

66% of your earnings, up to the R17,712 monthly ceiling.

Can I claim adoption benefits for a child older than two?

The Constitutional Court removed the age limit for adoption leave. Ask the UIF how this applies to your benefit claim before you take leave.

Do same-sex couples qualify?

Yes. The leave and benefits apply to all parents, regardless of gender.

Conclusion

South African fathers, adoptive parents and surrogacy parents now have far stronger leave rights than before. Since the 2025 Constitutional Court ruling, all parents share four months and ten days of leave. UIF pays 66% of earnings, so confirm your entitlement, gather documents early, and check for updates before applying.