Gay man challenges maternity leave laws

A Durban man in a same-sex marriage who was denied maternity leave has taken his government employers to the labour court, The Star reported on Thursday (20/11/2014).

The man claimed he was discriminated against when his request for full maternity leave was denied after he and his partner entered into a surrogacy agreement and became parents to a newborn child in 2011.

His employers told him that the four-months' paid maternity leave applied only to women.

The man was told he would only get four days of family responsibility leave.

He took the matter to the head of human resources which led to him being treated as an adoptive parent and being granted two months' maternity leave.

The man told the court this was unfair discrimination on the grounds of gender, sex, family responsibility and sexual orientation. He wanted other similar cases to benefit, two months' pay and damages of R400,000.

The court reserved judgement on the matter. - Sapa