Abstract
LL.M. (Labour Law)
This minor dissertation critically evaluates the legal position of employees’ rights regarding
parental leave. The right to maternity, paternity and parental leave dramatically varies between
many countries, namely the United Kingdom, Germany, France, Norway, Namibia, Kenya and
South Africa. The fact that only women can give birth to a child has stereotypically created a
view that only women should be entitled to parental leave. The argument that is presented in this
dissertation is fathers are not treated as women’s equal when it comes to parental leave,
specifically in South African legislation. The question that this dissertation aims to address is
why women are primarily given the responsibility of caregiver, through parental leave, while
men are excluded from any rights to parental leave. The aim of this research is to compare and
evaluate the legal position of parental leave in a South African with other foreign countries.