Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

8. Leave

8.3 Maternity Leave

Purchase

(1)	Notwithstanding anything to the contrary contained in this part of the Agreement, the provisions of this subclause shall apply only to female employees proceeding on and returning from maternity leave.

(2)	Female employees with not less than one year"s service with the same employer shall be entitled to maternity leave for a maximum of sixth months, subject to the following conditions:

(a)	The period of absence for maternity leave shall be regarded as unpaid leave;

(b)	to qualify for such leave an employee shall be required to provide her employer with a proper medical certificate from a medical practitioner at least three months prior to the expected date of confinement, reflecting the expected date of confinement;

(c)	if an employee intends to work on or before the completion of her maternity leave, she must notify her employer in writing at least two weeks beforehand of such intention.

(3)	The period of absence on maternity leave shall be deemed to be continuous for the purpose of accruing annual leave.

(4)	An employer shall be entitled to replace the service of any employee who is away from work on maternity leave with a temporary employee.

(5)

Where an employee is absent or proceeds on maternity leave during the annual shutdown, such employee shall be entitled to the holiday pay accrued in terms of subclause 8.1 up to the date the maternity leave commenced: Provided that, on re-employment, the employee is paid the difference between the full leave allowance due as prescribed in subclause 8.1 and the accrued holiday pay paid.