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Adonis had been an employee of Argos Assurance Company for the last ten (10) years
Adonis had been an employee of Argos Assurance Company for the last ten (10) years. His wife of six (6) years died last year. They had four (4) children. He then fell in love with Aphrodite, his co – employee, and they got married. In October this year, Adonis' wife is expected to give birth to her first child. He has accordingly filed his application for paternity leave, conformably with the provisions of the Paternity Leave Law which took effect in 1996. The HRD manager of the assurance firm denied his application, on the ground that Adonis had already used up his entitlement under the law. Adonis argued that he has a new wife who will be giving birth for the first time; therefore, his entitlement to paternity leave benefits would begin to run anew.
a) Who's contention is correct, Adonis or the HRD manager? Explain
b) Is Aphrodite entitled to maternity benefits?
Expert Solution
Answer:
a) Adonis contention is correct, because notwithstanding any law rules and regulation to the contrary, every married male employee in the private and public sectors shall be entitled to the paternity leave of seven days with full pay for the first four deliveries of the legitimate spouse with whom he is cohabiting. Apply for paternity leave shall notify his employer of the pregnancy and expected date of delivery.
b) Yes, Aphrodite is entitled for maternity benifit since it is her first child and this act is permissible for first four children . There is no other way to restrict this benefit.The benefit grant to a married male employee allowing him not to report for work for seven days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purpose of enabling him to effectively lend support to his wife in her period of recovery and/or in the nurisngof newly born child.
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