Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Hairdressing Trade (Cape Penninsula)Main Collective Agreement15. Maternity Leave |
| 15.1 | An employee is entitled to at least four consecutive months" maternity leave. |
| 15.2 | 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 midwife certified that it is necessary for the employee"s health or that of the unborn child. |
| (c) | 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. |
| 15.3 | 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. |
| 15.4 | An employee must notify the employer in writing that she is pregnant at least three months before the anticipated date of confinement and must specify when the employee intends to— |
| (a) | commence maternity leave; and |
| (b) | return to work after maternity leave. |
| 15.5 | Notification in terms of subclause 15.5 must be given at least four weeks before the employee intends to commence maternity leave or if it is not reasonably practicable to do so, as soon as is reasonably practicable. |
| 15.6 | The employee on confinement must, before or on the expiry date of the four-month period, notify her employer whether or not she will recommence employment. |
| 15.7 | Proof of confinement must be submitted to the employer upon the employee"s return to work in the form of a birth certificate or death certificate, in the case of a still-birth, or a medical certificate in the case of a miscarriage. |
| 15.8 | The employer may extend the four-month period upon receipt of a valid medical certificate from a registered medical practitioner advising the employee not to return to work for medical reasons. |
| 15.9 | The employer must be permitted to employ a temporary employee in the same category as the employee who has been granted maternity leave on a temporary contract for period of maternity leave. |
| 15.10 | During the period referred to in subclause 15.1, all the provisions of the agreements administered by the Council must apply to the temporary employee. |
| 15.11 | During the contract period the employer may for any reason recognised in law terminate the contract of temporary employment. |
PATERNITY LEAVE
| 15.12 | A male employee is entitled to five days paternity leave per year of service, upon the birth or adoption of his child, on presentation of proof of the birth or adoption of his child. |
| 15.13 | Paternity leave is in addition to the five days Family Responsibility Leave specified in subclause 16.1(a) of the agreement. |