Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)Main Collective Agreement14. Maternity Leave |
| (1) | Every female employee, excluding hourly employee, shall be guaranteed re-employment after maternity leave. |
| (2) | Within the first five years of employment in the same salon or establishment a female employee shall be entitled to four months" unpaid maternity leave. |
| (3) | After five years of continuous employment with the same employer and/or in the same establishment an employee shall be entitled to four month"s maternity leave and and shall be entitled to 25 per cent of the basic wage she received immediately prior to proceeding on maternity leave. |
| (4) | An employee shall not be entitled to the paid maternity leave, referred to in subclause (3), more than once per calendar year, excluding maternity leave due to miscarriage. |
| (5) | 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 which a medical practitioner or midwife certifies that it is necessary for the employee"s health or that of her unborn child. |
| (6) | No employee may work within six weeks after the birth of her child, unless a medical practitioner certifies that she is fit to do so. |
| (7) | An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child shall be 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. |
| (8) | An employee shall notify the employer in writing, unless the employee is unable / incapable to do so, of the date of which the employee intends to— |
| (a) | commence maternity leave; and |
| (b) | return to work after maternity leave. |
| (9) | Notification in terms of subclause (8) shall be given— |
| (a) | at least four weeks before the employee intends to commence maternity leave; or |
| (b) | as soon as reasonably practicable to do so. |