Must I be formally married  to be granted paternity leave?

The Employment Act grants 14 days paternity leave to fathers to attend to their new born babies. PHOTO | FILE

What you need to know:

  • The Act needs to be more clear and specific on this leave to ensure that deserving fathers are not left at the mercy of their employers simply because they are not in formal relationships.

  • If your girlfriend is employed, no questions will be asked when she applies for maternity leave.

  • The same courtesy should be extended to the father.

  • But remember, being a father is a lifelong commitment, there is more to think of than just paternity leave. 

Q: My girlfriend is due to give birth on August. As the father to the unborn child, am I entitled to paternity leave? And in case she has multiple births, will I still be entitled to two weeks leave or can I request for more time? What does the Employment Act say about male parents who are denied this leave? Is there any procedure for recourse?

That will depend on the leave policies of your employer, but the Employment Act grants 14 days paternity leave to fathers to attend to their new born babies. The Act does not specify whether this time off should be granted in case of a formalised relationship or not. It states under section 28.8 that “a male employee shall be entitled to two weeks paternity leave with full pay”, leaving it open to employers to verify for themselves whether the employee applying for paternity leave qualifies. Whereas this leave may not be denied, employers are usually keen to ensure that all those who apply meet internal requirements of the application process. Such requirements may include a marriage certificate, or supporting documents proving an existing, formalised relationship between the two.

Therefore, as the father to this unborn child, you are entitled to this leave. All you need to do is ensure that your employer is convinced that you deserve it. It seems that your relationship with your girlfriend is not formal, but your employer could grant your wishes if you provide a sworn affidavit where you and your partner confirm that you are expecting a child. If your employer offers a family medical insurance cover, presenting documents that support this relationship would be good, because it will extend the cover to the baby. But frankly speaking, if you are denied this leave and you raised an objection at your local labour office, they too would like to get some evidence that you are in a committed relationship with your girlfriend.

The reason employers set up criteria to discern whether male employees qualify for paternity leave is to prevent abuse of this policy. Many employers state that such leave is only applicable once a year, but this is not stated in the Act. For argument’s sake, if you had two girlfriends expecting within one year and you can present supporting documents, I doubt any employer would reject your request. But this may result to questionable judgment on your conduct, and once such unconscious biases are formed, it is not easy to change people’s mind. Similar bias is likely to be extended on your work, so ensure that your performance remains outstanding. That said, the Act needs to be more clear and specific on this leave to ensure that deserving fathers are not left at the mercy of their employers simply because they are not in formal relationships. If your girlfriend is employed, no questions will be asked when she applies for maternity leave. The same courtesy should be extended to the father. But remember, being a father is a lifelong commitment, there is more to think of than just paternity leave. 

Mwikali Muthiani - Managing Partner, MillennialHR

@MwikaliN; [email protected]