Gay fathers’ right to paid maternity leave


April 8 th, 2015

Durban - The Labour Court in Durban said during a ground-breaking judgement in same-sex unions, that it is impartial to refuse paid maternity leave to gay parents through surrogacy. The man is entitled to payment from his employer for the two months leave to take care for his new-born baby. The ruling, welcomed by activist groups, would apply to heterosexual men as well, who could be the case when a mother died during or shortly after childbirth, forcing the father to care for the baby alone. The equity clause in the SA constitution prohibits unfair discrimination on any ground including race, gender, sex, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture or language and sexual orientation. “The inclusion affords protection to gays, lesbians, bisexual and transgender people”


Anjaka R.



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