Not everybody might know yet, but on the 28th of November 2017, Parliament passed a Bill that would allow for fathers to spend 10 paid working days with their new-born child. This will also be applicable to same-sex marriages who will be entitled to take leave in cases of adoption or surrogacy where the child is still under the age of two (2) years.

Under the previous law (pre November 2017), women were only entitled to four (4) months unpaid maternity leave where they could claim a portion of their salary from the Unemployment Insurance Fund (UIF), and men could take three (3) days paid leave when their child was born – any more than that would be annual or unpaid leave, in accordance with the employer’s policies and procedures.

This development is obviously not the first of its kind in the world as it is a well-known principle in first-world countries like Canada, USA, Australia, Finland etc. South Africa, being something between a first world and third world, has one of the world’s most complex Labour Laws, in many ways very similar to that of Canada, and so it would make sense to follow similar route to Canada with this Bill.

The Bill also makes provision for ten (10) weeks’ parental adoption leave, in the case where the child is under two (2) years of age, as well as added UIF- and maternity benefits. This Bill was welcomed by political parties, unions and legal societies alike who all believe this Bill will have a positive effect on all families in South Africa, especially those being recently started.

Several cases have been heard by the Labour Court regarding fathers claiming that the fact that maternity leave is only extended to females is discrimination. Some judgements agree with this claim, however others do not. There are currently matters before the highest court in the land and we are patiently waiting to find out what the Constitutional Court will rule on this matter as that will guide us on how to approach our policy structuring and drafting, going forward.

I personally believe (as well as backed-up by several Labour Court judgments) that maternity leave is not solely for the purpose of recovery after giving birth, but more importantly for bonding with the new-born child. The importance of this bonding is unquantifiable, however often neglected due to the parents being obliged to return to work for financial reasons. I also believe that the role of fathers during the first part of any child’s life is of critical importance and the absence thereof leaves a natural void with the child. I am not arguing that men should or should not have 4 months paternity leave, however I believe that more than the former 3 days is appropriate.

Sometimes we consider the business side of things more important than the family side, and in some cases it would be expected, but I do believe that this will lead to a greater work-life balance, or at the very least, point us in the right direction to get there.

As a disclaimer – these are my personal views expressed herein and it should not be considered as advise or instruction, but rather my own thoughts shared.

Contact us for a review of your Leave Policy and/or recommendations best suited to your business.