By MUMEFIKIWA!! Petition Filed Seeking To Have Men Granted Three Months Paternity Leave
A Nakuru-based doctor has filed a petition at the Employment and Labour Relations Court seeking to have male employees allocated the same number of leave days as their female counterparts after childbirth.
As it stands, male employees are only entitled to two weeks of paternity leave with full pay, while women are given three months of maternity leave with similar regulations.
In the petition filed by one Dr. Magare Kigenyi, dated January 2, 2022, the medical practitioner argues that the vast difference in the number of leave days for women and men stipulated in the Employment Act (2007) is a clear act of discrimination against the latter.
“The differentiation/discrimination of duration of maternal and paternal leaves is not a fair differentiation. The matter being determined is not just a mere discrimination of an individual employee, but it’s a large-scale discrimination which will have impact on the number of employees in an organization,” Kigenyi said in court documents seen by Citizen Digital.
MUMEFIKIWA!! Petition Filed Seeking To Have Men Granted Three Months Paternity Leave.
Kigenyi similarly insisted that scientific research has shown that fathers play an equally important role as mothers during the first three months after childbirth, as such, it is imperative that they are also granted the same number of leave days as their spouses.
“A systematic review by Rollè et Al entitled, Father Involvement and Cognitive Development in Early and Middle Childhood, shows clearly that a father has a role in childhood development and that the 1st few days of life are important for child development,” Kigenyi submits.
He however clarified that his petition was not calling for the maternity period of new mothers to be shortened rather it was aimed at advocating for equality at the workplace.
He consequently said that, should the matter be addressed, it will also prevent indirect discrimination of female employees on account of their perceived fertility issues and child care long maternity leave as opposed to shorter paternity leave especially during employment and redundancy.
“This matter is of Public interest and therefore it is imperative that this matter be placed before the court and orders and directions issued accordingly to preserve and safeguard public interests,” Kigenyi added.
Justice Jacob Kageri ruled that the petition is not urgent and asked the Ministry of Labour and the Attorney General to respond within 21 days.
He similarly asked the parties involved to seek a hearing date at the Registry and did not give any interim orders.
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