Section 31: Paternity leave

31. Paternity leave (1) Notwithstanding any Remuneration Regulations or any other enactment, a male worker, other than a male part-time worker, shall, subject to subsection (1B), be entitled to 5 continuous working days’ leave, to be known as paternity leave. (1A) A male part-time worker shall, subject to subsection (1B), be entitled to the number of days of paternity leave calculated in accordance with the formula specified as follows— N x 5 normal working days W Where N = Number of days of work the worker is required to perform in a week W = Number of working days in a week of a comparable full-time worker (1B) The entitlement of paternity leave under subsection (1) or (1A) shall be subject to the production by the worker of— (a) a medical certificate certifying that his spouse has given birth to his child; and (b) a written statement signed by him that he is living with his spouse under a common roof. (2) Subject to subsections (1) and (1A), the paternity leave shall— (a) begin within one week from the birth of the child; and (b) be on full pay where the worker has been in continuous employment with the same employer for a period of at least 12 months prior to the date of birth of the child. (3) In this section— “spouse” means the person with whom the worker had contracted civil or religious marriage. [S. 31 amended by s. 12 (d) of Act 14 of 2009 w.e.f. 1 July 2009; s. 14 of Act 6 of 2013 w.e.f. 11 June 2013.]