Paternity leave (868,-666)

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Keywords: Paternity leave
Total judgments found: 1

• Judgment 4250

  
  129th Session, 2020
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision not to grant him the requested paid parental leave upon the birth of his child by surrogacy.

  Consideration 5

  Extract:

  Underpinning the complainant’s claim of discrimination against him is his contention that his situation did not come within the conditions of entitlement for any of the three forms of paid parental leaves recognized in Article 8.7 of the Staff Regulations. He notes that he was not entitled to maternity leave as he is not a woman and cannot become pregnant; he was not entitled to paternity leave because he is not the biological father of his daughter; and he was not entitled to adoption leave because his name appeared on his daughter’s birth certificate from the day of her birth and thus, he could not adopt his own child. This contention is unfounded. Article 8.7(2)(a) states that “[u]pon presentation of his child’s birth certificate, a male official shall be entitled to paternity leave with full salary and allowances for a total period of up to four weeks”. Contrary to the complainant’s assertion, this provision is not limited to a biological father. The provision is clear and unambiguous that the only conditions that must be met for a staff member to be entitled to paternity leave is to be recognized as a parent in the child’s birth certificate and to be of male gender.

  Keywords:

  paternity leave;
  

  Judgment keywords

  Keywords:

  complaint dismissed; family relationship; parental leave; paternity leave;