| (1) |
A female Employee shall be entitled to unpaid maternity leave as provided hereunder: |
Provided that the Employee has worked for the same Employer for a period of 12 consecutive months (excluding unpaid leave) immediately preceding such maternity leave:—
| (a) |
The maternity leave shall be for a period not exceeding six months, commencing one month prior to the expected date of her confinement. |
| (b) |
During such leave, the Employee shall have a guarantee of re-employment on the same terms and conditions that applied at the date of her going on maternity leave. |
| (c) |
Should such terms and conditions have been altered during her maternity leave by an amendment to any of the Agreements under the Council's jurisdiction, such new terms and conditions shall then apply. |
| (2) |
The maternity leave with the guarantee of re- employment shall be subject to the following conditions: |
| (a) |
The Employee on maternity leave shall give her Employer not less than five working days notice of her intention to return to work. |
| (b) |
Proof of the confinement shall 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 miscarriage or still birth. |
| (c) |
The Employer shall be permitted to employ a temporary Employee in the same category as the Employee who has been granted maternity leave on a temporary contract agreement for the period of absence of the Employee who has been granted maternity leave. |
| (d) |
During the period referred to in sub-clause (2)(c), all the provisions of the Agreements administered by the Council shall apply to the Employer and the temporary Employee. |
| (e) |
The services of a temporary Employee employed in terms of this clause may be terminated by the Employer or Employee as provided for in clause 22 hereof. |
Statistics Act, 1999
