Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Furniture Manufacturing Industry

Western Cape

Extension to Non-parties of the Main Collective Agreement

Part l

B - Terms and conditions of employment

Clause 28 - Maternity leave

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(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.