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

Notices

Bargaining Council for the Furniture Manufacturing Industry

South Western Districts

Main Collective Agreement

Part l

B. Terms and Conditions of Employment

35. Maternity Leave and Temporary Contract Employees
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(1) A female employee shall be entitled to unpaid maternity leave as specified hereunder: Provided that the employee has worked for the same employer for a period of twelve (12) consecutive months (excluding unpaid leave) immediately preceding such maternity leave.
(a) The maternity leave shall be for a period not exceeding six (6) months and may commence one month prior to the expected date of her confinement.
(b) During such leave the employee shall-have a guarantee of re- employment on the same terms and conditions that applied on the date of her going on maternity leave.
(c) Should such terms and conditions have been altered during her maternity leave by an amendment to any of the agreements under the Council's jurisdiction, such new terms and conditions shall apply.

 

(2) The maternity leave with the guarantee of re-employment shall be subject to the following conditions:—
(a) The employee on maternity leave shall give her employer not less than five (5) working days' notice of her intention to return to work.
(b) Proof of confinement shall be submitted to the employer after the employee's return to work in the form of a birth certificate, or a death certificate in the case of a miscarriage.
(c)The employer shall be permitted to employ a temporary employee in the same category as the employee who has been granted maternity leave on a temporary contract agreement for the period of absence of the employee who has been granted maternity leave.
(d)During the period referred to in subclause (c) all the provisions of the Agreements administered by the Council shall apply to the employer and the temporary employee.
(e) The services of a temporary employee employed in terms of this clause may be terminated by the employer or the employee as provided in clause 29 hereof.