{UAH} Gay man challenges maternity leave law
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Gay man challenges maternity leave law
November 20, 2014 — A South African man in a same-sex union is taking his government employers to court after they refused him 'maternity' leave when he and his partner became parents through surrogacy
The man claimed he was discriminated against when his 2011 request for maternity leave was denied. He and his partner had just become parents through surrogacy.
According to the Independent, his employer had told him that four months' paid maternity leave was only relevant to women. He was offered four days' family responsibility leave instead.
Papers before the court say the man married his same-sex partner in May 2010 and the following year entered into a surrogacy agreement – ratified by the high court – which would see them become the legal parents of the child, to be born in November 2011.
He says this is unfair discrimination on the grounds of gender, sex, family responsibility and sexual orientation.
"It is discrimination against biological and commissioning parents," his lawyers argued.
Judgement has been reserved.
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