| 21.1. |
An employee shall be entitled to unpaid maternity leave of a least seventeen (17) weeks. |
| 21.2. |
An employee may commence maternity leave: |
| 21.2.1. |
at any time from four (4) weeks before the expected date of birth, unless otherwise agreed; or |
| 21.2.2. |
on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee's health or that of her unborn child. |
| 21.3. |
No employer may require or permit a pregnant employee to perform work that is hazardous to her health or to the health of her child and may therefore consult the employee regarding the commencement of her maternity leave to betaken. |
| 21.4. |
An employee who has a miscarriage or bears a stillborn child during her third trimester of pregnancy, is entitled to maternity leave of six (6) weeks thereafter, irrespective of whether the employee had started maternity leave at the time of the miscarriage or stillbirth. |
| 21.5. |
An employee shall notify the employer in writing, unless the employee is unable to do so, of the date on which the employee intends to: |
| 21.5.1. |
start maternity leave; and |
| 21.5.2. |
return to work after maternity leave. |
| 21.6. |
Notification in terms of subclause 21.5 above shall be given at least four (4) weeks before the employee intends to start maternity leave. |
| 21.7. |
The payment of maternity benefits shall be determined by the Minister of Employment and Labor subject to the provisions of the Unemployment Insurance Act. |
| 21.8. |
During the period of maternity leave all terms and conditions of employment contract shall be suspended. |
| 21.9. |
At the end of the period of maternity leave the employee shall be entitled to resume work with the employer in a position at least identical or like, but not less favorable than, the position she held at the start of her maternity leave. |
| 21.10. |
No employee may resume work within six (6) weeks after the birth of her child, unless a medical practitioner or midwife certified that she is felt to do so. |
| 21.11. |
No employer may require or permit an employee who is nursing her child to perform work that is hazardous to her health or to the health of her child and may therefore consult the employee regarding the extension of her maternity leave taken: |
| 21.11.1. |
in accordance with an agreement between the employer and employee; or |
| 21.11.2. |
if there is no agreement in terms of subclause 21.11.1, at a time determined by the employer in accordance with this clause. |
| 21.A. |
Parental Leave-Section 25A (1)and (2) of the BCEA |
| 1. |
An employee who is a parent of a child is entitled to at least 10 (ten) consecutive days' parental leave. |
| 2. |
An employee may commence parental leave on— |
| (a) |
the day on which the employee's child is born; or |
| (i) |
the adoption order is granted; or |
| (ii) |
the child is placed In the care of a prospective adoptive parent by a competent court, whichever date occurs first. |
What Is adoption leave?
| 21.B. |
Adoption Leave- Section 25B (1), (2) and (6) of the BCEA |
| 1. |
An employee who is an adoptive parent of a child below the age of two is, subject to subsection (6), entitled to— |
| (a) |
Adoption Leave of at least 10 (ten) consecutive weeks; or |
| (b) |
Parental Leave as referred to in Section 25A. |
| 2. |
An employee may commence adoption leave on the date on which— |
| (a) |
the adoption order is granted. |
| (b) |
the child is placed in the care of a prospective adoptive parent by a competent court, whichever date occurs first. |
| 6. |
If an adoption order is made in respect of two adoptive parents, one of the adoptive parents may apply for Adoption Leave and the other adoptive parent may apply for the Parental Leave referred to in Section 25A, provided that this choice shall be exercised by the two adoptive parents. |
What is commissioning parental leave?
| 21.C. |
Commissioning Parental Leave -Section 25C (1), (2) and (6) |
| 1. |
An employee who is a commissioning parent in a surrogate motherhood agreement is, subject to subsection (6), entitled to— |
| (a) |
Commissioning Parental Leave of at least 10 (ten) consecutive weeks; or |
| (b) |
the Parental Leave referred to in section 25A. |
| 2. |
An employee may commence Commissioning Parental Leave on the date that a child is born by virtue of a surrogate motherhood agreement. |
| 6. |
If a surrogate motherhood agreement involves two commissioning parents, one of the commissioning parents may apply for Commissioning Parental Leave and the other commissioning parent may apply for the Parental Leave referred to in Section 25A, provided that this choice shall be exercised by the two commissioning parents. |
South African Council for Educators Act, 2000
