Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 6 : Private Security Sector, South Africa12. Maternity leave |
| (1) | An employee is entitled to at least four consecutive month’s 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 trimester 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 her employer 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 sub clause (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. |
| (7) | The payment of maternity benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 1966 (Act No. 30 of 1966). |
| (8) | During the period of maternity leave the employer shall continue to contribute the provident fund monthly premium in respect of both the employer and employee contributions, the latter not to be recovered upon the return of the employee to work. |
| (9) | During the period of maternity leave the employer shall continue to contribute the employee’s Private Security Industry Regulatory Authority monthly subscription fees, this not to be recovered upon the return of the employee to work. |