Blogger fights for equal maternity rights

The Cape Town mother is taking on the South African government in her quest to change how the labour law looks at adoption. 

 

Without a standard for paid time off, many adoptive parents in South Africa are forced to head back to work days after a child is placed in their home.

 

Juggling a new addition to the family and the added responsibilities it entails, in addition to professional duties, can stretch anyone’s mental and physical reserves. The rationale behind granting maternity leave is not just for the mother to recuperate after delivery, but also give her time to bond with the child, so why does the law not give the same benefits to parents who have adopted children?

 

In an effort to raise awareness of the inequity with time off, adoptive parent Vermeulen, editor of Hung Up magazine, has established a website called Shell Shocked Mummy, where you can sign the petition.

 

“When I started my blog my first article got 3,000 views in the first two hours and I knew that people were interested in what I had to say about my own experience on applying for adoption maternity leave in a previous company. I got an influx of private messages from adoptive parents that related to my story,” Vermeulen told NOW.  

 

Vermeulen acknowledges the physical impact of childbirth, but insists adoptive mothers and children are being denied an equal opportunity to bond and attach.

 

On her blog, she writes: 'Adoptive parents vote and are law abiding citizens. Adoptive parents pay taxes and add to the coffers of government. Adoptive parents play a very important role as we also relieve the burgeoning child homes and relieve pressure on the already stressed grant departments.'

 

South African labour law does not explicitly provide guidelines for maternity and paternity leave for parents who have adopted a child. This is at the discretion of an employer.

 

Employers have taken advantage of this loophole and have created internal policies that can vary from three days to four months.

 

“My previous company was a huge conglomerate and international brand. I was made aware that I am not entitled to the four months as it was at their discretion, however they will give me four consecutive months. A part of me was relieved but another part of me was incensed. I was made to feel that I should be grateful. It was not my right. I felt let down by my employer and the government. I didn’t feel grateful at all,” she added.

 

If your employer provides adoption leave as an entitlement, you are one of the privileged few in South Africa to get that. 

 

At this point, negotiating for adoption leave is between individual employees and employers, usually through the HR department of a company. 

 

“Adopted children may come from abusive situations and may have zero trust in adults. An adopted child will need time adjust to their new homes and surroundings before being placed in another environment. Time is needed to develop a bond and to instil trust in adults. Rushing to put an adoptive child in day-care or with a nanny may lead to the child feeling abandoned yet again could be counterproductive. We are also expected to adjust to night feeds and be productive which may lead to disciplinary action or resentment in the workplace," Vermeulen argued.

 

In cases where the adopted child is not a baby, the employee can agree with the employer to take maternity leave. However, UIF may not be claimed if the child is older than two.

 

Vermeulen’s view on this? 

 

“I am not an activist. I am not a politician, but I am a parent and that may be even more important. Whoever was making these laws clearly never heard of adoption before? It doesn’t explain the government-funded homes filled to capacity that the government says they are seeking adoptive parents for. 

 

“I have heard of a few horrendous cases of two weeks leave, one mother was offered one month unpaid leave or she could have a week to find her son a day-care and get her butt back to making her boss money,” she continued.

 

Since starting the petition a week ago, Vermeulen says the response from South Africans has been positive and she is hoping to get at least 10,000 signatures in the next month before submitting it to the adoption coalition and Abba adoptions, who has a lawyer working on it for quite some time to amend the labour law to include adoption.

 

"The quicker I can get my signatures the quicker I can go back to my real life. Being Erin Brochovich is not easy at all and takes up a lot of time. I spend hours on the internet and emailing everyone, and their mother, for help,” jokes Vermeulen.

 

Vermeulen offers the following advice for couples considering adoption: “I would suggest before even going to apply for your maternity leave do some research and find evidence of best practice and also have your reasons of requesting four months maternity leave. I would suggest drafting your request on email so that they may have time to respond and you will have it in writing. It may just save you from being made to feel grateful and the employer will have time to mull over your request with all the facts and will respond accordingly. In the event that you do need legal counsel you will have it in writing. I think many employers may even think twice if they know you have it in writing.”

 

(Photo: Jenni Elizabeth Photography)