Promoting gender equality in the workplace: A quest for paternity leave in South Africa

Abstract

The history of South Africa is characterised by gender stereotypes and inequalities that have influenced the development of laws. Migrant labour systems which always place fathers away from their families and caregiving responsibilities have contributed to the perception that regards fathers as breadwinners and mothers as caregivers. This follows that fathers were forced to prioritise their careers over their family and parental responsibilities. These views fail to take into account the changing dynamics of modern families where both parents actively participate in the labour markets. Consequently, to date, there has not been any statute that expressly regulates paternity leave rights in South Africa. This research is premised on the submission that the lack of paternity leave rights under the South African labour laws is inconsistent with the rights to equality and dignity provided under the Constitution. Notwithstanding that section 25A Basic Conditions of Employment Act makes provision for a ten-day parental leave which can be claimed by fathers at the birth of their child, this research argues that ten days is too short a period for a parent to bond with their children. This submission is cemented on the views that a father’s presence in their child’s life for the first 1000 days has far-reaching effects on the development of the child. Accordingly, the researcher hopes that the recommendations made in this research can be used by policymakers to promote the recognition and regulation of paternity leave rights in South Africa.