Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Fast Food, Restaurant, Catering and Allied TradesExtension to non-parties of the Main Collective Agreement14. Maternity Leave |
| (1) | An employee is entitled to at least four consecutive month's 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) | An employee may not 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 hears a stillborn child is entitled to maternity leave for six weeks alter 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 she 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 14(5) must be given— |
| (a) | at least four weeks before the employee intends to commence maternity leave; |
| (b) | if it is not reasonably practicable to do so, as soon as it is reasonably practicable. |
| (7) | No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her unborn child, including operating dangerous machinery or handling and/or using spray chemicals. |
| (8) | During an employee's pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are no less favorable than her ordinary terms and conditions of employment if: |
| (a) | the employee is required to perform night work or her work poses a danger to her health or safety or that of her unborn child; and |
| (b) | it is practicable for the employer to do so. |