Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Chemical IndustryGlass Sector2023/2025 Collective AgreementChapter 3 - Different Types of Leaves and Traditional Healers9. Maternity / Stillbirth / Miscarriage Leave |
9.1. | Right to Maternity Leave: |
Female employees who fall pregnant shall be entitled to maternity leave subject to the terms and conditions set out in Section 25(2) - (6) inclusive of the Basic Conditions of Employment Act, 1997 (BCEA). Employers shall assist such employees with their applications to the Department of Employment and Labour for the payment of maternity benefits payable from the Unemployment Insurance Fund and in terms of S.25 of the BCEA.
9.2. | Continuous Service: |
The period of maternity leave taken shall qualify as continuous service but not for the purpose of accruing paid annual leave and annual bonus.
9.3. | Notice of Maternity Leave/Resumption of Duty: |
Where possible, the employee shall give the employer at least four weeks' notice of the commencement of her maternity leave and her intended date of resumption of duty.
9.4. | Resumption of Duty: |
The employer shall reinstate the employee in her previous position or, should this not be practicable in the circumstances, in a similar position on conditions of employment no less favourable to the employee than those which applied to her immediately prior to the commencement of the maternity leave.
9.5. | Exceptions: |
In the event of a stillbirth or miscarriage occurring during the last trimester of the pregnancy, six (6) weeks leave will be granted with effect from the date of the stillbirth/miscarriage.
9.6. | Terms of Remuneration: |
In the event of a female employee becoming pregnant after having completed a minimum of one year's continuous service with the employer. she shall be entitled, subject to the conditions set out in 8.2 - 8.4 above, to maternity leave of up to four (4) months, paid at the rate of 85% of the normal basic wage, or up to six (6) months paid at the rate of 55% of her normal basic wage. Each of the parties shall bear their normal contributions to fringe benefit funds for the full period of maternity leave.
9.7. | Spreading of Payment: |
Any employer which currently grants maternity leave on pay in excess of 55% for the period of less than six (6) months will spread its current payments evenly over the full period of maternity leave taken.