South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)RegulationsRegulations for the Staff of the Human Rights Commission, 1996Chapter VI : Leave16. Maternity leave |
| (1) | A female member of staff shall submit to the chief executive officer, on confirmation of pregnancy, the necessary medical certificate indicating the expected date of confinement and not later than the last day of the calendar month in which six months of pregnancy have lapsed, apply for maternity leave subject to the following conditions: |
| (a) | A maximum of three months of maternity leave, which shall be special leave with full pay, shall be granted. |
| (b) | The maternity leave shall form part of the maximum vacation leave limit prescribed in regulation 13(5). |
| (c) | Maternity leave cannot be converted into sick leave. |
| (d) | No maternity leave shall be granted during the first 12 months of service with the Commission. |
| (e) | Utilization of the benefit of paid maternity leave shall not be linked to contractual binding. |
| (f) | The granting of paid maternity leave shall, unless in a particular case the chief executive officer in his or her discretion directs otherwise, be limited to two confinements for each female member of staff. |
| (2) | A male member of staff shall submit to the chief executive officer, on confirmation of pregnancy of his wife to whom he is married according to any law or custom or of a woman with whom he ordinarily lives together as husband and wife although not married to each other, the necessary medical certificate indicating the expected date of confinement and not later than the last day of the calendar month in which six months of pregnancy have lapsed, apply for paternity leave subject to the following conditions: |
| (a) | A maximum of one month of paternity leave, which shall be special leave with full pay, shall be granted. |
| (b) | The paternity leave shall form part of the maximum vacation leave limit prescribed in regulation 13(5). |
| (c) | Paternity leave cannot be converted into sick leave. |
| (d) | No paternity leave shall be granted during the first 12 months of service with the Commission. |
| (e) | Utilization of the benefit of paid maternity leave shall not be linked to contractual binding. |
| (f) | The granting of paid maternity leave shall, unless in a particular case the chief executive officer in his or her discretion directs otherwise, be limited to two confinements for each female member of staff. |
| (2) | A male member of staff shall submit to the chief executive officer, on confirmation of pregnancy of his wife to whom he is married according to any law or custom or of a woman with whom he ordinarily lives together as husband and wife although not married to each other, the necessary medical certificate indicating the expected date of confinement and not later than the last day of the calendar month in which six months of pregnancy have lapsed, apply for paternity leave subject to the following conditions: |
| (a) | A maximum of one month of paternity leave, which shall be special leave with full pay, shall be granted. |
| (b) | The paternity leave shall form part of the maximum vacation leave limit prescribed in regulation 13(5). |
| (c) | Paternity leave cannot be converted into sick leave. |
| (d) | No paternity leave shall be granted during the first 12 months of service with the Commission. |
| (e) | Utilization of the benefit of paid paternity leave shall not be linked to contractual binding. |
| (f) | The granting of paid paternity leave shall, unless in a particular case the chief executive officer in his or her discretion directs otherwise, be limited to two grants for each male member of staff. |