Do we have paternity leave in South Africa?
For those of you who are unfamiliar with the term, paternity leave is leave granted by a company to an employee when he becomes a father.
Despite South Africa’s advanced labour legislation, there is however no specific provision dealing with paternity leave. The closest to paternity leave for fathers is to be found in Section 27 of the Basic Conditions of Employment Act, and is known as Family Responsibility Leave.
Section 27 states that an employee is entitled to take 3 days leave during each cycle of 12 months of employment with the employer when his child is born, when his child is sick or in the event of the death of the his spouse, parent, grandparent, child, grandchild or sibling.
This means that if a father (biological and adoptive) chooses to take his 3 days paid leave at the time his child is born, he cancels any further paid family leave for that year. According to the BCEA, 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.
The situation is very different in countries overseas. The United Kingdom, grants partly-paid Paternity Leave up to two weeks and should be taken after the birth of your baby, either as a block of one or two weeks. In Sweden, for example, a couple can take up to 15 months off work between them, while the state pays 80% of lost wages up to a particular ceiling. Further, 90 more days can be taken for a smaller payout. The only stipulation is that the leave be taken in a block, or in batches before your child reaches the age of eight. In 2000, Parental Leave in Canada was expanded from 10 weeks to a substantial 35 weeks, and can be divided between the two parents. Under special circumstances, the Canadian Employment Insurance system has granted up to a year of Parental Leave.
In the good old days, dads didn’t dare enter the delivery room, let alone take time off from work to bond with junior or care for their wife. Today’s practical, quality-of-life-loving fathers are a far cry from them and the birth of a child should therefore entitle them to this leave…
Has the time come to institute a class action perhaps?
Any new moms or dads out there that would like to comment?
I am obviously not a dad, but I happen to agree with you. It feels rightly unfair that a father is excluded from the first weeks of the life of his child. This is a time when parents bond with the baby. The parent learns what the baby is about, and how to handle the baby. How can it be expected of the father to be hands-on and knowledgable if he is not given the opportunity?
Something needs to be changed!
See you Sunday 🙂
I also seem to think that parternity leave should be extended to atleast one month to allow the father some time to bond with a new born baby. This is the most exciting time in the family, you dont even consentrait at work as your mind is constatly with the small baby and you cant wait to knock off and go home to the see the mother and the new baby. This will add positvely to engagement and contribute positively to productivity.
i am a mother, recently gave birth to my little daughter, and i find it so hard for my husband to leave the house going to work he calls me now and then checking how is the baby, i think something must be done about this 3 days leave. etlist 1 month will be better.
When my husband came home and told me he may take 3 days ‘family responsibility’; i said to him: ”that cant be right – family responsibility is for if your wife or children fall sick or need you urgently at home for some reason – they must be reading the company policy incorrectly.”
i honestly cant believe that in a country that is apparently trying to uplift women in the work place, that there is no help with regards to logical legislation as to paternity leave to provide the support for new mothers on the homefront.
not just that – with our first son my husband took his annual leave in time for the birth. They bonded incredibly well. Most mothers say the father is not hands on at all – i believe the states lack of paternity policy has taken away the opportunity for many fathers to learn to be comfortable handling their own child.
With the change in law dictating that fathers have just as much right to their child as a mother with regards to divorce etc.. i think that a fathers need to bond and enjoy their new born; as well as support their wife’ is a very basic and important requirement that needs to be met by the constitution and laws of SA.
I think it is unfair for paternal leave to be coupled to family responsibility leave. Paternal leave is obviously a ‘planned’ period whereas family responsibilty leave is unplanned.
I believe that paternal leave should be at least a week as the father also has a reponsibilty in ensuring that the mother of his newborn and the baby are care for properly during the first days after birth, as the mother is partly ‘incapacitated’ during this time.
Disturbing! This could very well be the reason for the lack of discipline and the moral decline in south african society baring in mind the necessity of a functioning house hold. It is from here that so many issues stem that could later affect our children psychologically. Catch my drift?
its really sad that a father cant have anytime , it takes 3 days for the mother just to come home from the hospital and settle down at home. she is in no state to be left alone all day while one is forced to go back to work . but once again ,this is Africa!! hope that the govt. would one day realize. many countries like germany allow a lot of benefits that encourage men to have children but i guess SA doesnt really have issues with its population growth so these measures seem unimportant to the govt.
I had to take annual leave so I could spend time with my new born child. 3 days is not enough, honestly I would have been happy with 2 weeks, and to wrap the 3 days to cover pretty much all emergencies or personal issues that could occur in a year, illogical.
I’m stupid enough to have accepted my father’s request to work for him. My 2nd son was born on Monday, wife released today (Thursday) and apart from being let off to go fetch her and bring her home, I was back at work directly. I finished 20mins ago. And I’m working tomorrow too. Admittedly, he was kind enough to give me today and tomorrow off but minds change and we’re apparently so busy.
My previous employer said I could take the one day FRL off on the day of birth, 2 days after their release (Thursday and Friday again), an additional 2 days free and three days annual leave to see me through the week, but not for longer. Unfortunately, in SA, this is an extremely kind offer. So, advice to everyone, don’t work for anyone over 45 and most certainly, don’t work for parents. I’m off to write my letter of resignation now and maybe I’ll submit my CV to Manto so I can join the “struggle” of unseen fathers. All studies proove that the lack of a father figure creates a lack of discipline and an ignorance of authority. Sort of makes sense when you look at the SA situation.
It’s disgraceful, in this day and age that father’s are not afforded the same rights as mothers. So much for a progressive society!
How many days should I take for paternity leave after my wife have a caesarean operation?
men should be allowed a time for paternity leave
As a farther to be I am really Disappointed to know that I wont be able to spend anytime with my son, I work in a busy coffee shop as a manager and as it is I work 6 days a week some days up to a seventeen hour shift.
So where does my rights come in I don’t expect 3 or 4 months but 2 to 3 weeks would be enough but three days isn’t ideal at all, and what happens god for bid that he falls sick and now iv taken my three days family Responsibility leave what then….
I think all loving fathers should start a petition
The world has changed fathers want to be involved and their familys lives but our constitution is stopping us!!!
There is also the bad side, as my boyfriend has recently experienced with a staff member, ( who has 6 children from 5 different women and is not married to the one who he has asked for paid leave to be with for TWO WEEKS ), who obviously heard via some grapevine that he is entitled to paid “maternity” leave, he didn’t even know the correct name. In instances were the law is being abused for paid leave I am against so-called fathers being given time off. Being a father should be a blessing and not a money-making scheme for lazy so-called men in this country who are always looking for a way out of work.
I am a Swedish woman expecting a baby with a South African man. We are both happy and excited even though we live miles apart and have not yet decided how and where to bring up the child.
In Sweden as mentioned above we are entitled to 15 months PAID parental leave and yes I know we are very fortunate. Out of these 15 months 60 days are reserved each parent!! The father can get away ;-).
I am presently looking into the possibilities for the baby’s father to get any paternal leave/pay from South Africa but it didn’t take long before I decided to give up. 3 days????????? Jaysis!!
Luckyily enough I am able to stay in South Africa with full maternity pay for up to six months at the time. This way we can stay together with our baby until we have decided where to settle down for good – I think it will be Sweden in the end…..
What about leave before the baby is born?
I think other that the father having time with the new born, mothers also need extra help for the first few weeks. After a cesarean mommy can’t drive for weeks and who’s going to do all the heavy lifting?
I agree with all of you and couldn’t have said it any better.
Three weeks to a month would be ideal. The mommy needs time to recover, there’s a baby that needs constant attention, love and care in his/her big, different and scary new world and time is needed for daddy to bond with his child too.
My friend couldn’t even walk properly or pick up her baby for almost three weeks, due to the pain and discomfort after the birth of her first baby. She now had her second baby and her husband already took one of his three days FRL just to take his wife to the hospital and being there for the birth of his child. He went back to work the next day until his wife comes out of the hospital and then he can have TWO days with his new baby….thats not fair!
Also, what if something happens where a daddy actually NEED his FRL to go to a loved one’s funeral or be with a sick wife or child.
There is a serious need for a petition and a change in the S.A. law. If my husband and I could be of any help to this cause, we’ll be there. Not just for a better outcome for ourselves, but for everyone and the future of our youth. This is one way to improve the way our children is raised, they need to form that bond with both daddy and mommy. Everyone keep asking, ‘what’s wrong with kids these days’… well, South African law is what’s wrong, it keeps parents from actually BEING PARENTS and it’s not that they don’t want to be parents (not all of us), but it’s because the law won’t allow us.
The current law is not right or fair for daddy’s to-be.
I am due in just over 3months and as the law is now, my husband won’t have more than 2 days with me and our baby boy, he took 1 day of FRL in Feb. when he had to take me to the hospital for an opperation, and to top it all off, his work does not close over the December holidays. Also he won’t have much leave left to take and be with me and baby, as we use them throughout the year to keep the scripture’s religious feast days sabath.
Current S.A. law is not only keeping the civilization from being parents, but also keeping us from living an actual happy and healthy life and leave people feeling like slaves in their own lives. Employers too easily get away with working around the law and paying their employees next to nothing and leaving employees with almost no rights. The law is everything BUT humain and that needs to be changed. Freedom of religion means nothing to our government, so why would they care about our freedom to be a parent.
Seems like Sweden is the runner-up for the award of ‘the best country to be a parent’, followed by Canada. This is why all the family orientated, hardworking and respectable South Africans move overseas.
This sucks!! I thought we were out of the dark ages. I’m disappointed with our constitution. Kids should mean more than this!!
I would to understand RSA’s justification behind their decision not to grant fathers longer leave. Are they suggesting that a fathers role in their children’s lives is insignificant. A fathers role has become crucial even more in my case where I am excpecting twins. Is the length of nurturing revolving around the fact that a mother breastfeeds? In such an advanced society this FRL concept seems primitive. I’m willing to join any cause that helps fight an ill advised law with regards to the importance of a father! We are sending out a brainless message as a nation.
Dear Lerato, I completely understand your frustration. I am seeing an advocate on this matter in the next couple of days and will let you know the opinion on the matter in due course.
I am currently pregnant and my doctor and hospital is 4 hours away from my home. I have decided to have natural birth and therefore cannot predict the exact date of delivery. I will be going up to the city 2 weeks before my due date in case of an emergency. However due to the fact that my husband can only take 3 day FRL he has to patiently wait for me to let him know when to leave home and drive 450km and hopefully make it in time for the birth of our first child. This is very sad and stressful for any woman. 1 Month Parental leave would be a blessing if only it existed in this country. Thanks for the post Greeff Attorneys as it help me clearly understand the matter.
Dear Darleen
Thank you for your comment. I have received notification that the issue is being discussed at Parliament level and hopefully we will see an amendment to our legislation in the near future.
My daughter is almost 5 months old and at the time of her birth both of my husbands grandmothers past away a day apart.
As his father is an only child and my husband being the eldest grandchild to both his grandmothers, he and his brothers felt obligated to help their dad with the planning of the funerals.
I on the other hand went into labour two weeks later.
3 days was ridicules to us as all the planning of a funeral took that and more from us!
With it being the busiest time of the year for company my husband works for he was not allowed to take any further paid annual leave.
He was at work when I went into labour and just about made it to the birth of our daughter with that he had to take unpaid leave to stay with me the day after the birth as I had difficulties and had to receive a blood transfusion after the birth.
Paternity leave needs to become a MUST is South Africa as my Husband lost so much precious time with our daughter due to having to go to work (because if he hadn’t he would not have been paid as it would have been unpaid Leave) and not being able to bond with his new born.
I was alone at home, scared of making a mistake as a first time mom without the support of my husband. The only time I felt calm was when my husband came home from work to help me a few hours before it was bed time and back at work the next day.
Something needs to change so that our children can bond better with Daddy and Mommy
I wish we could do more as citizens to get the law changed not jus by increasing paternity leave but maternity leave as well. It’s heart breaking and extremely difficult leavin baby at home especially when still breastfeeding. My baby refused the bottle I would rush between home n work to feed her. The law doesn’t see how difficult it is for us. My husband only had the ridiculous three days paternity leave and couldn’t help or be a part of the early stage of babies life. I had a caesar so having my husband around would have made a world of difference. He had to go to work come home exhausted help at home baby crying at night so not much slp and then back to work again. I hate our governments lack of intervention in this. What can we do to change it?
Hi, Johnny here
Does Paternity Leave also cover an Employee if his girlfriend had a baby?
the roles of the father and mother in their children is not equal and it will never be unless this act is changed and fathers are given paternity leave of days equal to mothers. what the act say about this issue is that the women’s place is in the kitchen. it promote exclusion of fathers in their children’s lives and promote inequality.
i have done that this week, started with my annual leave & called for partinity to start.
If it has never be taken to table, try it
We need more time as man to bond with our children 3 days is unfair to us.
Hi
Paternity Leave should be available to all fathers.
I totally agree with you Teboho.
i support you perspective Nicci, we men need more days or perhaps 2-3 months with our newly born babes.
i completely agree with you,,,, last year i had to be given 3 days for paternity leave and then leave my fiancee behind. guess what happened to her as i left her and my new babe alone without someone to look after them
you are right,,, last year i had to be granted 3 days for paternity leave but i told them that is not enough then they told me there is no choice for my fiancee and baby. i accepted 3 days leave but i showed them i have got my own rights thus i didn’t return to work after 3 days.