n Without Prejudice - It's leave, Jim, but not as we know it : employment law




Can a male employee claim maternity leave in terms of a company's leave policy? This vexing question was recently considered by the Labour Court in [2015] ZALCD 20 (). The court ruled that the employer's refusal to grant a male employee - in a samesex union and a party to a surrogacy arrangement - the same maternity benefits granted to his female counterparts constituted unfair discrimination in terms of s6 of the Employment Equity Act (55 of 1998) (EEA).


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