Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Food Retail, Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective Agreement15. Sick and Maternity Leave15B. Maternity Leave |
| (1) | An employee shall be entitled to at least four consecutive month's unpaid maternity leave. |
| (a) | This employee shall further be entitled to one month's maternity pay after she has returned to work, which she is to be paid after she has worked one full month. |
| (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 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 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 still birth whether or not the employee had commenced maternity leave at the time of the miscarriage or still birth. |
| (5) | An employee shall notify an employer in writing, unless the employee is unable to do so verbally, 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 subclause (5) shall 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, but not less than two weeks before the commencement of maternity leave. |
| (7) | While an employee is on maternity leave, the employer shall be entitled to employ in her stead a temporary employee, which temporary employee shall not be entitled to the status of a permanent employee (unless expressly agreed to in writing by both parties), nor will such employment be construed so as to create the expectation of employment beyond such period. |
| (8) | Protection of employees before and after birth of a child: |
| (a) | 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. |
| (b) | During an employee's pregnancy, and for a period of six months after the birth of her child, her employer shall offer her suitable alternative employment on terms and conditions that are no less favourable than her ordinary term's and conditions of employment, if— |
| (i) | the employee is required to perform night work that poses a danger to her health or safety or that of her child; and |
| (ii) | it is practicable for the employer to do so. |