Last Updated: 1 August 2021

[EMP 101A] Rights of men on paternity leave101A 

101A
(1) A man whose partner is entitled to maternity leave under this Part, or would be entitled to maternity leave under this Part if she were employed, is entitled to paternity leave and to abstain from work for a period of not less than 5 working days provided that he—
  • (a)is or is to be a primary caregiver for his child; and
  • (b)produces to his employer a certificate from a registered medical practitioner or registered nurse specifying the possible date of birth of his child.
(2) Where a man has completed more than 3 months continuous service with the same employer he is entitled to paid paternity leave for a period of not less than 5 working days, as follows—
  • (a)for the first 3 births, to the normal remuneration he would have received as if he had been at work; and
  • (b)for the fourth and subsequent births, to half the normal remuneration he would have received as if he had been at work.
(3) The man may only proceed on paternity leave during the 3 months immediately before the date specified under subsection (1)(b) and the 3 months after the birth of his child.
(4) The paternity leave entitlement under this section may be taken in a lump sum period or in shorter periods amounting in the aggregate to not less than 5 working days, as agreed between the man and his employer.

[s 101A insrt Act 23 of 2018 s 7, effective 1 January 2019]