Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Extension to Non-Parties of the Main Collective AgreementDivision AClause 5: Leave5.3. Maternity Leave |
| (1) | An employee is entitled to a maximum of six consecutive months' maternity leave, and may exercise the option to return to work earlier. |
| (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 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 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) | For the purposes of calculating the period of employment in the Industry, the period an employee is on maternity leave, shall be regarded as employment in the Industry. |