A Nakuru-based doctor filed an application at the Employment and Labour Relations Court seeking to have paternity leave extended.
According to the court documents, Dr. Magare Gikenyi wants employers to allocate male employees a similar number of leave days as their female counterparts after child birth.
Gikenyi argues that the difference in number of leave days between men and women is a clear act of discrimination, contrary to the Employment Act (2007).
“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,” part of the petition reads.
Currently, male employees are entitled to two weeks paternity leave while their female counterparts go for maternity leave for a period of three months.
The petitioner further said that research shows that a father plays a significant role just like a mother during the first three months after a child is born.
“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,” Gikenyi said.
He however said that his intention is not to have the maternity leave shortened but he is just advocating for equality at places of work.
“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,” Gikenyi added.
Justice Jacob Kageri however ruled that the petition was not a matter of urgency but directed the Ministry of Labour and the Attorney General to respond within 21 days.
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