30 South African Journal of Labour Relations: Vol 36 No 2 2012 Parental leave rights: Have fathers been forgotten and does it matter? by Carren G Field * , Jeffrey J Bagraim ** and Alan Rycroft *** Abstract The progressive labour legislation regime in South Africa still fails to explicitly recognise the rights of working fathers. This paper examines the leave entitlements afforded to fathers in South Africa, benchmarks these against those offered in other countries, assesses whether current provisions meet international obligations endorsed by the South African government, and advocates changes in South African labour legislation. We argue that South African labour legislation requires careful revision in order to support fathers’ family care roles. Key words: maternity, paternity, work-life balance, discrimination 1 Introduction Growing awareness of the importance of paternal involvement in family life has resulted in a number of countries amending their labour legislation provisions to explicitly provide for paternity and paternal leave (Dancaster 2006; Dancaster & Cohen 2010; Dupper 2002; Moss & O’Brien 2006; Moss & Deven 2006). Acknowledgement of the importance of paternity leave, a period of time for fathers to care for their new-born child and help care for the mother, reflects changes in both societal demographics and gender role assumptions (Boris & Lewis 2006). A shift in the gender demographics of paid employment and the distribution of family care roles within families requires a reconsideration of labour relations legislation and public policy. The assumption that South African households consist of a male breadwinner and a female homemaker seems to underpin current employment leave provisions in South Africa. This assumption is contrary to both the lived reality of South Africans and the evidence suggesting the social benefits of acknowledging paternal influence at home and the concomitant rights of working fathers. The traditional family model with the male as breadwinner and the female spouse as homemaker and caregiver is no longer the dominant family model. Dual-career, dual-carer models have become more prevalent and although women still typically shoulder the major part of the care responsibilities there is greater sharing of family responsibilities (Dancaster & Cohen 2010). This shift in the apportionment of family responsibilities is a global phenomenon, reflecting economic realities and changing values. South African labour law has yet to acknowledge this reality. * Mrs CG Field is a lecturer of Management Studies in the Organisational Psychology Section at the University of Cape Town. ** Prof JJ Bagraim is a Professor of Management Studies in the Organisational Psychology Section at the University of Cape Town. *** Prof A Rycroft is a Professor of Commercial Law at the University of Cape Town.