For decades, maternity leave has been a central feature of labour law, protecting working mothers and ensuring they have time to recover from childbirth and bond with their babies. But what about fathers? In Botswana, the question of paternity leave has long lingered in the shadows. The Employment Act was silent on this matter, offering no statutory protection for working fathers. However, the arrival of the Employment and Labour Relations Act marks a groundbreaking shift, recognising the importance of shared parenting responsibilities and ushering in a more progressive workplace culture.
The Employment Act)
Under section 113 of the Act, maternity leave was well provided for, granting women 12 weeks of leave, with six weeks before confinement and six weeks after. Yet the law was completely silent on paternity leave.
This meant that fathers had no statutory entitlement to time off when their partners gave birth. If they wished to be present during childbirth or help care for the newborn, they had to rely on the goodwill of employers, take annual leave, or request unpaid leave. The absence of legal provision reflected an outdated view that caregiving during childbirth was solely a mother’s role.
For many families, this silence created challenges. Mothers lacked support at a crucial time, and fathers were often excluded from early bonding and shared parenting responsibilities. The lack of paternity leave also stood in contrast to global labour trends, where many countries were increasingly recognising fathers’ rights to family leave.
The Employment and Labour Relations Act
The Employment and Labour Relations Act change the landscape by explicitly introducing paternity leave into Botswana’s labour framework. For the first time, fathers are given a legal entitlement to take time off to support their partners and bond with their newborns. According to section 227 of the Act, a worker is entitled to at least five days of paid paternity leave in every leave cycle. The Act further highlights conditions such as leave must be taken within 14 weeks of maternity leave, ensuring that the father is present during the crucial early months of the child’s life and proof or reasonable evidence such as a birth certificate or medical record, should be presented to the employer before paternity leave is granted.
Section 227(3) of the Act also gives the father the opportunity to request additional unpaid paternity leave beyond the five paid days, subject to the employer’s discretion. This balances workers’ family needs with employers’ operational realities.
The Plot twist
Section 227 (4) now brings a new reality, should the mother of the child be incapacitated, fall ill, or die during maternity, the father would then be entitled to the remainder of the maternity leave. The Act further stipulates that all the conditions of maternity leave as per section 222 to 225 of the Act will apply to the father during this time. This is groundbreaking, as it ensures continuity of childcare and support for the child in difficult circumstances and one can say that the introduction of paternity leave is more than a legal update; it is a social transformation.
The Employer
While paternity leave strengthens family support, for employers, it introduces challenges such as higher costs, potential disruptions, and compliance obligations. Employers will need to plan ahead, through workforce scheduling, cross-training, or temporary staffing, to manage these challenges effectively.
Conclusion
In conclusion, the contrast between the Employment Act and the Employment and Labour Relations Act could not be clearer. Where the former was silent and left fathers out of the picture, the latter brings them into focus with a statutory right to paternity leave. This reform is a progressive step for Botswana, aligning the nation with global best practices and reflecting modern family dynamics. For fathers, it is recognition of their role; for mothers, it is timely support; and for employers, it is an opportunity to foster inclusive, family-friendly workplaces. When it comes to our culture or tradition, this becomes a story for another day.
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