Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 1 : Contract Cleaning Sector, South Africa20. Maternity Leave |
| (1) | An employee is entitled to at least four consecutive months’ maternity leave. |
| (2) | An employee may commence maternity leave— |
| (a) | at any time from four weeks before the expected date of birth, unless otherwise agreed; or |
| (b) | on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee’s health or that of her unborn child. |
| (3) | No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so. |
| (4) | An employee who has a miscarriage during the third semester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth. |
| (5) | An employee must notify an employee in writing, unless the employee is unable to do so, of the date on which the employee intends to— |
| (a) | commence maternity leave; and |
| (b) | return to work after maternity leave. |
| (6) | Notification in terms of subclause 5 must be given— |
| (a) | at least four weeks before the employee intends to commence maternity leave; or |
| (b) | if it is not reasonably practicable to do so, as soon as is reasonably practicable. |