The following provisions on maternity leave are applicable in this subsector:
| 22.1 |
An employee is entitled to at least four consecutive months' maternity leave. Every female employee who has worked for at least 12 months for an employer is eligible for paid maternity leave in terms of this Agreement. |
| 22.2 |
An employer may not require or permit a female employee to work four weeks before the expected date of birth and before eight weeks after the birth. |
| 22.3 |
An employee may take maternity leave for longer than the compulsory period of leave up to a maximum of six months. Any annual leave due to the employee must be taken as part of that extended leave. |
| 22.4 |
Employers must pay employees 33% of their basic weekly wage for four months. The remaining two months s unpaid. |
| 22.5 |
Employers must pay both the employee's and the employer's contributions to any provident and medical aid funds to which the employee belongs for up to four months. |
| 22.6 |
Maternity leave does not constitute a break in service. |
| 22.7 |
Benefits such as annual leave, sick leave and annual bonus do not accumulate during maternity leave. |
| 22.8 |
An employee must apply in writing for maternity leave at least one month before going on such leave. |
| 22.9 |
The employer must guarantee the re-employment of the employee after the expiry of the maternity leave unless she has been selected for retrenchment on criteria agreed to between the employer and the trade union party to this Agreement. |
| 22.10 |
The employer may hire an employee on a temporary basis to fill the employee's post until the employee returns. The trade union will not challenge the fairness of the termination of service of the temporary employee as a consequence of this section. |
| 22.11 |
If the employee returns before the expiry of the six month period, the employer must re-employ her at the same job grade and rate of pay she enjoyed immediately before she went on maternity leave. If the rate of pay increased while she was on leave, she must receive the increased rate. |
| 23.12 |
If the employer is unable to employ her at the same job grade, the employer may employ her in a temporary position in a different job grade at her previous rate of pay or the rate for the temporary position, whichever is the greatest. |
| 22.13 |
An employee wishing to return to work must give her employer 1 month's notice of her recommencement of work and provide her employer with a medical certificate indicating that she is fit to work. |
Copyright Act, 1978
