The maternity leave options contemplated in terms of the Basic Conditions of Employment Act, 1997 (“the BCEA”) provide that:
In the case of M I A v State Information Technology Agency (Pty) Ltd  JOL 33060 (LC) a married male same-sex couple had a baby with the assistance of a surrogate mother in terms of a surrogacy agreement as envisioned in the Children’s Act (No. 38 of 2005). Following the birth, the child was the entire responsibility of the couple.
One of the dads applied for “maternity leave”, but was turned down because the company’s maternity policy applied only to females.
The judge hearing the dispute ruled that:
Review your maternity leave policies.
Bregman Moodley Attorneys Inc. 2015/089214/21
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