Did you know that when the BCEA of 1997 came into effect, fathers were eligible for 3 days of paid paternity leave? New forms of parental leave were introduced on 1 January 2020. But what are they? This article delves into what men’s maternity leave is, the perks, challenges and even legal rights. Let’s get started!
Table of Contents
What is Men’s Maternity Leave?
Men’s maternity leave is called paternity leave. Fathers can stay home from work for a specific amount of weeks after becoming a father. Now, it can be structured in many ways. It may be offered by an employer or required by the state or the federal government. Paternity leave may be paid or unpaid. Many paid leave programs provide only a portion of the average wage.
Is Men’s Maternity Leave Paid?
Some companies provide men’s maternity leave and even pay these new fathers, while others are the complete opposite.
Here is an in-depth explanation of it all:
General Overview
If you’re a federal employee, you’re in luck. As of October 1, 2020, all public employees, mothers and fathers alike, are permitted up to 12 weeks of paid family leave. If you don’t live in a state with paid family leave or don’t meet your state’s eligibility requirements, you need to rely on your company’s leave policy. Every company follows its own policies regarding paternity leave, so it’s best to reach out to your HR department to learn more. The next section talks about the different variations. Let’s take a look!
Variations by Employers
- New parents: Fathers and same-sex partners are entitled to 10 consecutive days of parental leave.
- Adoptive parents: One parent of an adoptive child under two years old is allowed ten consecutive weeks’ adoption leave, whereas the other is entitled to only ten straight days’ parental leave. The two adoptive parents should decide who gets 10 weeks and who gets 10 days. Crazy, right?
- Parents in a surrogacy: This agreement has the same rights as adoptive parents. The law doesn’t force your employer to give you paid leave – the above rights are for unpaid leave only. So unless your employment contract allows you to take paid leave, you are limited to a claim from the UIF that assumes you’re a qualifying contributor. That will give you 66% of your salary, subject to a standard earnings cap.
90 of 187 countries have obligatory paid paternity leave. The U.S. is not one of them, but that doesn’t mean your company shouldn’t offer time off for new fathers. Paternity leave policies can benefit both employers and employees.
Impact on Families and Finances
When paternity leave is unpaid or offered at a reduced rate to parents’ regular pay, it may be too expensive for both parents to remain at home with their families.
If it’s a coin toss between which parent should return to work, the following reasons can impact the decision:
- Breastfeeding: While some employers offer benefits to support the logistical challenges of breastfeeding from a distance, some parents may not want or be able to feed their new baby with expressed milk, requiring the birthing parent to remain at home.
- Income differences: The U.S. still has a 16% gender pay gap, meaning that women earn 84 cents for every dollar men earn. In this case, it often makes sense for the partner with the higher income to return to work.
- Benefits differences: If both partners work for employers with varying parental leave policies, the person with the less generous benefits will typically return to work.
Perks of Men’s Maternity Leave
Since fathers also get leave when they become new parents, it gives them time to bond with their children.
Here is a breakdown of the men’s maternity leave perks:
Benefits for Fathers
Under the Labour Laws Amendment Act, a male employee is given ten days of parental leave when his baby is born. Parental leave can also be allowed when an employee adopts a child legally or when a court places a child in the care of a potential adoptive parent. Qualifying fathers can now also claim parental benefits from their Unemployment Insurance Fund (UIF).
Benefits for Families
Paternity leave helps new fathers achieve a better work-life balance. It allows them to spend time with their newborns and support their partners through the early stages of parenthood.In this way, families can improve their work-life balance.
Workplace and Society Benefits
Parental leave allows individuals to steer parenthood’s challenges without sacrificing their career aims. This support can reduce stress, enhance job satisfaction, and promote a positive work environment.
Challenges and Considerations
As with everything in life, paternity leave has its considerations and challenges. Below is a better look at it.
Barriers to Taking Paternity Leave
Some men may feel ‘not enough’ as fathers, particularly if they’re not financially providing for their family and thus won’t take parental leave. This is partly a result of the perpetuation of traditional notions of masculinity and what it means to be a father (e.g., the “breadwinner”).
Balancing Work and Family Life
Parental leave is a considerable part of the work-life balance or distribution of work and care within the family. Leave schemes can be a way for parents – particularly mothers – to escape from the time dedicated to their children’s care, which can be an obstacle to their careers. At first, parental leave was developed to help parents continue working or get back into employment after a break. Still, parental leave can also encourage gender equality.
Legal Rights and How to Access Men’s Maternity Leave
Understanding Your Rights
It’s important to understand your rights, especially regarding your family. As the law stands now, all fathers, regardless of their employment status or period of service, are entitled to 10 consecutive days of paternity leave around their child’s birth.
Employer Communication
Before entering your boss’ office and letting them know that you’re likely going to miss the following month due to the birth of your child, it’s essential to be prepared by understanding what your company has to offer and how to approach them with your paternity notice.
Firstly, understand your company’s policy and talk to other employees who’ve left for paternity reasons, but the best place to start is by digging into your desk and pulling out that employee handbook handed to you on your first day of work. If it’s unclear, talk to someone from Human Resources who can better advise you. When you ask for paternity leave, you must thoroughly determine how long you plan to be absent. Depending on the company’s protocol, you should give your employer time for your request. For FMLA leave, workers must provide at least 30 days advance notice of parental leave.
Do’s:
- Research to understand what type of leaves others in your company have taken and what other places offer.
- Talk to your manager about the kind of leave you wish for.
- Ask for the most extended amount of time.
Don’ts:
- Don’t be shy about taking the full leave offered to you.
- Wiggle around the existing policy – frame your negotiation as an experiment instead.
- Negotiate if you aren’t in good standing as an employee.
Conclusion
Employed fathers responsible for child care are entitled to one or two consecutive weeks of paternity leave. The leave may be taken to care for a child or support the child’s mother. This leave is entitled to each father, whether the child is biologically yours or adopted. Some companies offer paid paternity leave, whereas others have to take unpaid paternity leave. You can claim your paternity leave from your UIF funds.
Empower yourself today by understanding your rights to paternity leave, also known as men’s maternity leave. Your family deserves this time!
