On 23 May 2010, an employee of State Information Technology Agency (Employer) entered into a civil union with his spouse in accordance with the provisions of the Civil Union Act, No 17 of 2006 (Civil Union Act).

The Employer denied that its policy was discriminatory and relied on the word 'maternity' as being the defining character of the leave, submitting that such leave was only available to female employees. Maternity Leave. From “Dads” and DadsCare.com to championing paternity leave, our initiatives aim to empower dads worldwide. We celebrate the caring side of men, and how becoming a dad can bring out the best in them. While employers may hope for a “, Both special and general personal information may be processed lawfully if the processing is necessary for the “, An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “, A determination is made as to whether there is a “.

In the same way, we should not criticize the students who read affordable papers review and hire professional writers to get their academic papers written.

Men have numerous good reasons to take parental leave.

Written consent is not expressly required. This would cover instances where e.g.

Citizenship and immigration status do not affect eligibility. While the term “legitimate interest” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard.

This expectation is a problem for many male employees. When it comes to maternity leave for men, there is an inflection point.
Sometimes, after a prolonged absence, mothers do not return to the workforce.

an employer processes employees’ personal information to comply with its obligations under the Employment Equity Act.

Despite the debate, many companies around the world allow their male employees up to a few months of unpaid time off. Do‌ ‌Record‌ ‌Players‌ ‌Need‌ ‌Speakers?‌ ‌How‌ ‌To‌ ‌Connect Them?

For more information, contact Neo Tshikalange at emailProtector.addCloakedMailto("ep_a4c82671", 0); Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com, POPI and consent - don’t get caught in your own net, By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr.

This is not all about comfort, and these students have valid reasons to seek professional help.

The collective productivity often suffers because companies need to train temporary workers. The film is part of our global effort to give every active father support, and normalize them as caregivers. Similarly, the Children's Act confirms that a child's interests are paramount in all matters concerning the care, protection and wellbeing of the child. This is part of the reason why advocates of gender equality are promoting this paid absence for men. Keep in mind that mom remains disabled postpartum for a period while she recovers from labor and delivery. The Employer’s refusal pivoted on the argument that its policies and the BCEA only covered female employees and reiterated that the BCEA was silent on the issue of leave for surrogate parents.

the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee. Though this small but significant change was left uncontested, the Labour Court indicated that the policy was more restrictive than the rights coffered by the BCEA, thus suggesting that the wording would not survive scrutiny.

We’ve also made DadsCare.com, our parenting YouTube hub, to provide helpful resources, how-tos and advice – for new dads, created by dads.

Fun fact: You can break up your eight weeks of leave. That is why paid parental leave has a positive effect on productivity.

While this plan benefits individuals, it often causes problems for organizations. Critics say that there are a few cons of maternity leave for men. The UK’s parenting leave system is based on a maternity/paternity leave model. Objecting to this inequality, the employee referred a dispute to the CCMA.

And finally, we’re committed to supporting dads from day one by championing paternity leave. Paid parental absence has both pros and cons, but taxpayers, companies and government subsidies have to count the cost. You don’t have to take it all at once!

Resigning during pregnancy and maternity leave. The law governing maternity leave is set out in s25 of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) which provides that: The Employer's policy mirrored the above provision with one exception: the word may was replaced by shall, so that the policy dictated that the maternity leave "shall be taken four weeks prior to the expected date of birth or at an earlier date".

Among other things, it has a good impact on the educational performance of kids.

Critics say that there are a few cons of maternity leave for men. Paternity leave is not a brand new phenomenon. Section 1 of POPI defines consent as “any voluntary, specific and informed expression of will in terms of which permission if given for the processing of personal information”. When it comes to paid parental leave, the tech sector is setting examples. If you’re still not sure, read more about Eligibility Requirements to find out if you qualify for PFL. Working with director Bryce Dallas Howard, we’ve partnered with Imagine Documentaries to champion dads and explore modern fatherhood, From working from home advice to first-time dad tips, visit our parenting hub and explore videos made by dads, for dads, Join our mission to make paid paternity leave the new standard for dads, families and communities around the world, Learn about our $1 million commitment to support real dads who aren’t able to take meaningful time off during this important life moment, ‘Advocates for Paternity Leave’ brings paid leave advocates who want to join us in our fight together to highlight the necessity for paid paternity leave in the US, Learn about our State of the World’s Fathers report and Task Force mission, with partner Promundo. New parents must find a way to make ends meet while missing at … By Neo Tshikalange, Employment, Cliffe Dekker Hofmeyr. While employers may hope for a “quick fix” to ensure compliance and trust that including a broad, “catch all” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. Where necessary provisions should also be made specifically for the processing of special personal information.
Shared parental leave and pay. The Employer also argued that the maternity leave policy was specifically crafted for employees who give birth.

Keeping in touch days.

The three days of family responsibility leave will still exist and remains separate from parental leave.

It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. We clearly understand the reason behind the reluctance of these organizations. Directed by Bryce Dallas Howard, the film is a joyful exploration of modern fatherhood with testimonies of dads around the world from famous comedians to everyday parents. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge.

Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. Considering the financial side of this phenomenon, many companies are still reluctant. The judgment does not create a general right for maternity leave by fathers but highlights the circumstances under which the Labour Court may be willing to come to the assistance of employees who are of the view that their employer's policies do not provide them with appropriate rights or protection.

For more information, please contact Gillian Lumb at emailProtector.addCloakedMailto("ep_bb2556ef", 1); The 2019 edition of the Labour Law and Employment Manual is now available click here for more information, Health and Safety Representative and Committee Training Course, POPIA: Protection of Personal Information Act, Occupational Injuries and Diseases Legal Update and Claims Management Course, The OHS Act and the Responsibilities of Management, The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer.

Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. A little over a year later – in line with s292 of the Children's Act, No 38 of 2005 (Children's Act) – the employee and his partner entered into a surrogacy agreement with a surrogate mother. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR. When a male employee enjoys it, the company still has to get the work done. Unplanned absences are not good for companies.

This leave is not all about comfort. An employee may commence maternity leave: at any time from four weeks before the expected date of birth, unless otherwise agreed; It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. As pointed out by the Labour Court, the Employer's argument ignored the fact that the right to maternity leave in terms of the BCEA is an entitlement which is not solely linked to the welfare and health of the child’s mother but also connected to the child's best interests. Below we are going to outline some of the disadvantages of this paid absence.

A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance.

Pregnant during maternity leave (when you are expecting again) More than one job – your maternity rights and benefits.

Employers seeking to avoid such claims could pro-actively consider their internal policies against the judgment and determine the risk in the event of a court application.

Please fill in the below form to sign up for the Dove newsletter and be the first to know what's new from Dove. There are both pros and cons of maternity absence for men.

It often happens after 20 weeks of absence. The spouses agreed that the employee would take the role ordinarily performed by the birthmother. For further information, please refer to our Privacy NoticeOpens in new window. Against this background, the Employer initially offered the employee family responsibility leave or special unpaid leave, and then compromised slightly by offering the employee two months' paid adoption leave and two months' unpaid leave.

In light of the above, the Labour Court ruled that "there is no reason why an employee in the position of the applicant should not be entitled to 'maternity leave' and equally no reason why such maternity leave should not be for the same duration as the maternity leave to which a natural mother is entitled".

Select all products you are interested in: Explore how fatherhood and care have changed. Find out about the benefits of paternity leave here.

Microsoft is also planning to offer its male employees 12 weeks of paid absence. In anticipation of the birth of their child, the employee applied for paid maternity leave for four months. It has a host of other benefits. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act.

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