Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryWestern CapeExtension to Non-parties of the Main Collective AgreementPart lB - Terms and conditions of employmentClause 28 - Maternity leave |
| (1) | An employee shall be entitled to at least six consecutive months' unpaid 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 mid -wife certifies that she is fit to do so. |
| (4) | An employee who has a miscarriage during the third trimester of pregnancy or bears a still -born child is entitled to maternity leave for six weeks after the miscarriage or still -birth, whether or not the employee had commenced maternity leave at the time of the miscarriage or still -birth. |
| (5) | An employee must notify an 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 subsection (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. |