Law on Paternity Leave

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PRITCHARD V GLOBAL INTERNATIONAL Paternity leave is a modern term used to describe the leave granted to an employee when he becomes a father either by biological paternity or adoption .Mr. Pritchard who has worked for global International for ten years has just become a father and intends to apply for paternity leave on the basis that he would like to form a strong parental bond with his new born that can only be achieved by spending time with the new born .Mr. Pritchard would like to apply for either 1. Two weeks paid parental leave or; 2. A months paternity leave at half his pay Mr. Pritchard is also willing to explore the options of flexi time. According to South African labour legislation there is no specific provision dealing with the issue of paternity leave, there is however a provision known as Family responsibility leave which is used by employees to access leave once their children are born. Family responsibility leave can be found in section 27 of the Basic Conditions of Employment act. For an employee to qualify for Family responsibility leave they must have been employed for at least four months; must work at least four days a week and work 24 hours a month for the same employer. Subsection 27(2)(a) stipulates that an employee is entitled to three days family responsibility leave during each cycle of twelve months of employment when his or her child is born. This means that if Mr. Pritchard chooses to take his three days paid leave for the birth of his child, he in unable to take any further family leave for that year Global International may request that Mr. Pritchard provides reasonable proof of his child’s birth before he is paid for his subsequent leave. Mr. Pritchard would therefore have to provide global international with a copy of the new born’s birth certificate. Recommendations Global international

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