A gay man in Durban, South Africa, has launched a legal bid to claim the same length of maternity leave that a woman who gives birth is entitled to receiving.
The man is in a civil union with another man. They became parents to a child through surrogacy.
Currently, a woman who gives birth to a child is entitled to four months maternity leave in South Africa.
The man – who cannot be named, as that would identify his child – entered into a civil union with his partner in May 2010. The following year, they entered into a court-approved surrogacy arrangement, with their child being born in November 2011.
The man, an IT specialist, applied to his work – a government employer – for four months maternity leave, but this was declined. He was instead offered four days ‘family responsibility leave’.
After a further application with his Human Resources department, he was granted two months maternity leave as an, ‘adoptive parent’.
His lawyers have argued that this is, ‘discrimination against biological and commissioning parents.’ The father told the court that he believes he has been discriminated against on the grounds of gender, sex, family responsibility and sexual orientation, and is seeking two months’ pay and R400 000 in damages……
Click here for the outcome in the Labour Court: Gay dad launches maternity leave battle in South Africa | Gay Star News.
