Gay dad fights on for ‘maternity leave’ pay

HE may be sleep-deprived since the surrogate birth of his baby two years ago, but that will not stop a Pietermaritzburg IT specialist from fighting for gay men to receive the same rights as new mothers.

The specialist, who took his company, the State Information Technology Agency, to the Labour Court, was elated when, on March 26, Judge David Gush ordered Sita to pay its employee for the two months’ unpaid leave he took to care for his newborn child. Gush agreed that the man had been discriminated against when Sita refused to grant him paid leave.

He ruled that the right to maternity leave provided for in the Basic Conditions of Employment Act was not linked solely to the welfare of the child’s mother, but took into account the interests of the child as well.

This judgment is in the best interest of the children

The judge said the man was the child’s primary caregiver, and there was no reason he should not be entitled to the same rights as a natural mother. The law gives women up to four months’ maternity leave after giving birth.

However, Sita has filed for leave to appeal the judgment, saying, among other things, that the man had not experienced difficulties associated with giving birth and therefore was not entitled to maternity leave.

The man’s representative, ENSafrica director Irvin Lawrence, said: “The basic conditions of employment are clearly in favour of women and may need to be amended.

“We have a Civil Union Act that respects the rights of same-sex couples and has the intention to give same-sex couples the same rights as those contained in the Marriage Act. We also need to take into account that surrogate parents are responsible for their baby from birth — the child needs the time to bond. This judgment is in the best interest of the child.”

No date has been set yet for the application to be heard.