Friday, July 30, 2010

No Paternity Leave in Ghana

Let’s start with a definition so that we know we are on the same page.

Parental Leave is an employee benefit that provides for paid or unpaid time off work to care for a child or make arrangements for the child’s welfare. Parental Leave could refer to Maternity, Paternity or Adoption Leave.

The labour laws of Ghana specifically recognise Maternity Leave, but are silent on Paternity Leave. In law, the very fact that Maternity Leave is mentioned specifically means Paternity Leave is excluded specifically.

In practice, some companies give paternity leave, but this is a private arrangement for their employees.

When a family tragedy compels a man to take time off work to go and care for his child, it would more likely fall under “Compassionate Leave” e.g. where his wife has died.

There may be grounds for saying that to the extent that the labours laws provide for maternity leave and exclude paternity leave in all cases, they are unconstitutional. I can understand why in the unfortunate case of a woman losing her life in childbirth and the child surviving, the man should be able to get paternity leave.

A point of interest: it appears that maternity leave is available to only before, during and after childbirth and not generally for women who want to take time off to look after their children.

Why I Stopped Posting?

Well, I stopped posting because this blog is supposed to be reader-led. So the reader asks an everyday-law question, and I try to answer it as quickly as possible. But the rules in Ghana prevent me from advertising this blog, so I have to wait until somebody stumbles upon it. And the questions did not really come. If I get questions, I will answer them.