Legislators have approved giving parental leave to adoptive parents and legal guardians of children below age 2.

The Employment Amendment Act 2026 got near-unanimous agreement in the House of Assembly yesterday — though concerns about discrimination put it to a vote.

The leave mirrors those of biological parents — 13 weeks for adoptive mothers and five consecutive days’ leave for adoptive fathers, to be paid if parents have been employed for more than one year by the time of the child’s placement.

Jason Hayward, the Minister of Economy and Labour, who opened the debate, said the parental break was both a “workplace entitlement” and a “vital investment”.

He added: “Early bonding between a child and their caregiver is essential for offering a healthy emotional, psychological and social development, and leave entitlements play a crucial supporting role in helping with this connection.”

Scott Pearman, the Deputy Leader of the Opposition and Shadow Minister of Legal Affairs, recommended changing the Act’s language to “primary caregiver” and “secondary caregiver”.

He explained its wording would offer single adoptive mothers significantly more time than adoptive single fathers, potentially rendering the law discriminatory.

Mr Pearman also expressed concern about whether or not the parental leave started at the time of adoption or the arrival of the child in a household — and questioned how this would apply with children who fell below the 24-month mark before the time of arrival and outside of it when they arrived.

Mr Hayward responded that it followed the parental leave standards for biological parents, and that rewording the legislation would create inequity between adoptive and biological parents.

He added: “If there is an argument that fathers should get the same time as mothers, whether they be biological or adoptive, that is a matter for another conversation.”

Mr Hayward admitted there would be “a ton of scenarios” that would have to be considered, but added: “I don’t believe that the law as currently drafted is flawed.”

Mr Pearman suggested the House rise and report progress for the Opposition’s recommendations to be considered, but the move failed to pass after a vote of 13 against to eight in favour, with three abstaining.