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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part G : Leave

21. Maternity Leave

Purchase

21.1.

An employee shall be entitled to unpaid maternity leave of at 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 be taken.

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 or not 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 Labour 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 similar to, but not less favourable 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 fit 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.