|
|
Labour law | Maternity leave demystified
By Carol Tissiman Pregnant employees are strongly protected under existing South
African labour law. There are no fewer than six pieces of legislation
that require employers to not discriminate against pregnant and
post-pregnant employees, even as applicants for a job. The Basic Conditions of Employment Act entitles an employee to take
four months’ unpaid maternity leave. This leave may start at any time
from four weeks before the expected date of birth or when a doctor or midwife certifies that leave is necessary for the health of the mother
or the child. Provided that she can write, an employee must notify the
employer in writing of the date on which the maternity leave will
commence.
In South Africa the employer has no obligation to pay an employee
during her maternity leave. The employer’s only obligations are to
reserve her position in the company and to allow for four consecutive
months of maternity leave. The problem for most women is not the amount
of maternity leave allowed, but the financial implications of not being
paid for four months.
An employee may not work until six weeks after delivery, unless a
doctor or midwife certifies that she is fit to do so. An employee who
has a miscarriage during the last three months of pregnancy or who
bears a stillborn child is also entitled to six weeks’ maternity leave,
whether or not the employee had started maternity leave at the time. An
employee nursing her child is not allowed to perform work that is
hazardous to her or her child, or which requires her to be working a
night shift. Employers should note that even where an employee who has
already given birth is 100% well, the illness of the newborn baby
entitles the employee to get time off to look after the child.
A woman may claim from the Unemployment Insurance
Fund (UIF) if she has contributed to the fund for more than four months. The Fund
pays a percentage of the wage/salary that she earned while she was
contributing to the fund. Depending on her salary, she may claim
between 30% and 58% of her salary during maternity leave. If you take
maternity leave, you can only claim for up to 121 days.
The UIF offers short-term financial assistance to workers when they
become unemployed or are unable to work because of illness, maternity
or adoption leave. The Fund also assists the dependants of a
contributing worker who has died.
Click here to learn more about the University of Cape Town (Law@Work) Practical Labour Law Course.
Back to SmartyPants Newsletter - December 2009 Edition
Add comment
|
|
