The United Kingdom grants men up to two partly-paid weeks of leave specifically provided for as paternity leave. Despite our forward-thinking Labour Relations Act, men are only allowed up to three days to adjust to fatherhood, and this, according to Mohammed Chavoos, Director of the Employment Law Department for Deneys Reitz, is not specifically paternity leave.

 

"There is no specific provision dealing with paternity leave in South African employment legislation. The closest to paternity leave for fathers is to be found in section 27 of the Basic Conditions of Employment Act 75 of 1997."

 

This section of the Act grants an employee three days paid leave, which the employee is entitled to take when the employee's child is born, when the employee's child is sick or in the event of the death of the employee's spouse, parent, grandparent, child, grandchild or sibling.

 

This leave is part of a father's annual Family Responsibility Leave as governed by section 27. This means that if a father (biological and adoptive) chooses to take his three days paid leave at the time his child is born, he cancels any further paid family leave for that year.

 

According to the Act, certain conditions of employment must be met before such leave is owed to fathers. "Employees who have been in employment with an employer for longer than four months and who work for such an employer at least four days a week are entitled to paid family responsibility leave," says Chavoos.

 

Although the Act protects the rights of employees, it serves to advance employment. "In my experience, most foreign countries find our employment laws quite stringent and rigid," adds Chavoos. "Generally speaking, the protection afforded to employees in terms of South African employment legislation and our Constitution are aimed at protecting employment in this country."