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Do you know what requirements male employees must meet to qualify for maternity leave?

by , 06 October 2015
While it may have been traditionally accepted that female employees were the only ones who were entitled to maternity leave, it doesn't seem to be the case anymore as male employees, same-sex partners, surrogate parents, and so on, have been taken into the framework too.

Times have changed, and so you, as the employer, must take note of all those changes which could very well land you in the hot seat for unfair discrimination.

Having said, here is some important information to note with regard male employees and maternity leave:

In order for a male employee to qualify for maternity leave, he must meet the following two requirements

The male employee must be a legal parent.

Note: Be wary of giving maternity leave benefits to legal male parents only when they are in marriage or civil union as this could very easily discriminate against other men within your company.

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The male employee must be the primary care-giver of a child whom is born alive.

Note: Unless you actually employ both parents of the child, it's unlikely that you'll be able to determine if an employee is the primary care-giver of a child or not.
Remember that in the case of Mia v State Information Technology Agency (Pty) Ltd, the very law around maternity leave was challenged and changed.

But it isn't quite clear how the case affects the rights of a father within a heterosexual relationship, or a non-carrying female employee in a same-relationship relationship for that matter. It is also uncertain with regard to adopting older children.

So then, to stay in the loop, subscribe to our loose leaf service advertised below after which you'll be updated as soon as an update is received.

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