ASK HR: My employer has postponed my paternity leave. Is this legal?

My partner and I were blessed with our first baby a week ago. I requested for paternity leave on the same day but my employer asked me to postpone it by two weeks, arguing that I needed to complete some work before I could be released. PHOTO| FILE| NATION MEDIA GROUP

What you need to know:

  • Congratulations on the birth of your first child. It is clear you are distressed to have had your paternity leave postponed.
  • Employment legislation stipulates that a male employee shall be entitled to two weeks paternity leave with full pay.

Q. My partner and I were blessed with our first baby a week ago. I requested for paternity leave on the same day but my employer asked me to postpone it by two weeks, arguing that I needed to complete some work before I could be released.

I am dissatisfied with my employer’s decision on the matter and need advice: is this legal? Can my leave be denied or rescheduled? Can it be denied if my partner is not registered with the organisation?

Wathe M.

 

Dear Wathe,

Congratulations on the birth of your first child. It is clear you are distressed to have had your paternity leave postponed.

Employment legislation stipulates that a male employee shall be entitled to two weeks paternity leave with full pay. In addition to the law, employers, in their Human Resources policies, provide further guidelines on paternity leave entitlement such as its timing, treatment of fathers who are sole caregivers, entitlements relating to adoption and partner registration. What does your organisation’s HR policy provide for? Whatever the case, paternity leave is your entitlement. 

Organisations that embrace best people practices ordinarily grant leave in the absence of exceptional circumstances which are, by nature, infrequent. The employee would need to do their part to plan ahead for their leave and alert their supervisor in good time, which would allow for pending assignments to be handled in a manner that would suit both the employee and the organisation. Did you do your part? A supervisor who has been informed early is more likely to grant leave as requested.

While the law offers no prescription, it is reasonable to expect the ideal timing of paternity leave to be immediately or soon after birth. Some fathers cite the need to support the baby’s mother at this demanding time, not least because of fatigue and disorientation from markedly disrupted sleep patterns. 

It is important to alert your supervisor about impending fatherhood and to promptly register your partner with your employer. Besides paternity leave, other benefits become easier to administer when an employee’s dependants or next of kin are registered with the employer. If you find alternative means of handling your current work assignments, take the opportunity to propose this to your supervisor, underscoring the importance you place on the timing of your leave. It might be granted sooner.