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.
Poor guys. For years it was women being treated unfairly and now, we have an equal right to be treated unjustly.
ReplyDeleteOn a serious note, we live in Ghana, where it is barely accepted that women have rights. Maternity leave is given simply to save company face and tell the world that they care about their female staff. How many offices fail to put bins in the female bathrooms? Our needs are still neglected, even though we now form the majority of the workforce.
And men taking paternity leave? What are you talking about? Of course business owners will expect him to find some woman to take care of his kids so he can get back to work. They do not care one whit about his need to be with his children (because that is not his traditional role)..
We say we're moving with the times, but we're still backward in several regards. Just my opinion.
Oh and any woman who takes time off to care after her kids and expects to just come back to work must be nutts. There aren't that many jobs out there and several other women and men would like the position. Who will look more reliable to an employer? The woman who forgets about kids and concentrates on making money for the company, or the one who up and left cuz her maternal instincts kicked in? Or the male candidate who, in their eyes, will never need to leave for such flimsy reasons?
Even women in developed countries find this near to impossible to resolve. Good luck to us on rectifying the situation.
Nana Yaw, i believe our soon to be reviewed constitution makes mention of maternity leave. I remember one Canadian intern asking me whether the duration for maternity leave was specified by law or was left to the discretion of an employer. I am sure you know my answer to that.
ReplyDeleteIt gave me food for thought though, why talk about maternity leave and leave people to decide on an adhoc basis how long it should be for?
I chanced upon your blog and would like to make a comment on the present topic.
ReplyDeleteMaternity Leave provisions in our Laws are adopted from ILO conventions on the Employment of Women that have been ratified by Parliament as part of our municipal Laws. Paternity Leave however has been a recent development worldwide. In the mid to late 90s I believe, Paternity Leave became a highly advocated and negotiated condition of service by Labour Advocates as well as the Union. Eventually, it was successfully negotiated into their body of Laws.
In Ghana, some unions or employees have been able to successfully agree on paternity leave as a condition of service with their employers. Since per our current labour laws, an agreement amicably reached by an employee and employer is considered primary, supreme and the first option of consideration of the parties' legal relationship, I guess workers and their employers are not prevented from making use of the provisions for paternity leave.
Oh and a quick one....the duration for maternity leave currently is 12 weeks minimum. The Labour Act, 2003 (Act 651) makes provision for an additional 2 weeks where the birth is abnormal such as the birth of 2 or more children.
ReplyDeleteThe 12 weeks minimum has been revised to 14 weeks by Convention 183 of the Revised ILO Convention on Maternity Protection, 2000. Unfortunately, this has not been ratified by Ghana yet and the TUC has been campaigning for its ratification for the past year or so.
Very Interesting topic! I studied in SA and practicing in Botswana. What happens in SA is that women are usually entitled to 3 months maternity leave and their husbands are only entitled to 3 days. What happens in a situation where, for example, the woman abandons the husband almost immediately after birth? A bit far fetched I know, but not impossible. Or what happens where a same male sex couple adopt a baby or have a baby through a surrogate? what are their rights then?
ReplyDeleteVery interesting topic...just thought I'd put in my 2 cents! C.O.K
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