Gay dad challenges maternity leave law
Durban man in same-sex marriage denied maternity leave heads to the labour court.

Durban - A Durban man in a same-sex marriage who was denied maternity leave after a surrogate pregnancy has taken his government employers to the labour court, according the Mercury on Thursday.

The man claimed he was discriminated against when his request for full maternity leave was denied after he and his partner entered into a surrogacy agreement and became parents to a newborn child in 2011.

His employers told him that the four-months' paid maternity leave applied only to women and that he’d only get four days of family responsibility leave. After approaching the head of human resources, he was then treated like an adoptive parent and granted two months’ maternity leave.

The man told the court this was unfair discrimination on the grounds of gender, sex, family responsibility and sexual orientation. He wanted other similar cases to benefit, two months' pay and damages of R400 000.

The court reserved judgement on the matter.


More on maternity leave from Parent24:

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The basics of maternity leave

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