Paternity leave for polygamous person
I am polygamous presently with three wives legally married to me according to my religion. My first wife gave birth last year and I was given three days paid paternity leave. This year my third wife gave birth to my second born but when I lodged an application for paternity leave, the HR Manager refused on the ground that I had already exhausted my paternity leave last year. I don’t understand what this HR Manager is trying to tell me. Does it mean that polygamous persons are allowed to take paternity leave only when the first wife gets birth?
WK, Tabora
Section 30(1)(b)(ii) of the Employment and Labour Relations Act [Cap.366 R.E 2019] defines paternity leave cycle as a period of three years from the date the employee was recruited or when he took his last paternity leave. This means, in every 3 years, the employee is entitled to only 3 days paid paternity leave unless the employer and the trade union have agreed to a longer period of paternity leave or shorter duration of the paternity leave cycle than the period provided under the law.
Similarly polygamous persons have the same right to a limited number of 3 days paternity leave in every 3 years regardless of which wife gives birth to a child or how many children of the polygamous employee are born within a leave cycle. Since you took paternity leave last year, you are not entitled to another paid paternity leave until the expiry of 3 years. However, you can ask for unpaid paternity leave which is the discretion of the employer to grant or deny.