Gay dad granted 'maternity' leave - report

2015-03-27 19:41

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Durban - In a ground-breaking ruling, the Labour Court in Durban has granted a gay father full maternity leave to take care of his baby, according to reports.

TimesLive reported on Friday that the man, an IT specialist at the State Information Technology Agency (SITA), was granted four month’s paid leave to take care of his baby born through a surrogate mother.

The man is the main caregiver of the child.

According to Mamba Online the man sought legal action after SITA granted him only two months’ paid leave and two months’ unpaid leave.

The website said the court made the ruling on Thursday and found it discriminatory to refuse a male member of a same-sex couple, who is the main caretaker of a child, the equivalent maternity leave given to mothers.

Judge David Gush said given these circumstances there were no reasons why an employee in the position of the applicant should not be entitled to maternity leave and, equally, no reason why such maternity leave should not be for the same duration as the maternity leave to which a natural mother is entitled.

SITA was also ordered to recognise the status of parties and prohibited discrimination against the couple.

The man has been married to his partner in a civil union since 2010.

Read more on:    durban  |  gay rights  |  human rights
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