What is Maternity leave
MATERNITY AND OTHER PARENTAL LEAVE AND BENEFITS INTRODUCTION
No employer may discriminate directly or indirectly against anyone on grounds related to pregnancy. Discrimination will only be deemed to be fair if it is intended to promote affirmative action or it is as a result of an inherent requirement of the job. This implies that the job itself must have some crucial characteristic.
This important quality must be directly related to the job duties. If an employer doesn't let an employee return to work after maternity leave, it is considered dismissal. This is not automatically unfair dismissal.
If a pregnant employee is fired because of her pregnancy or anything related to it, it would be considered unfair. If a pregnant employee is fired due to her pregnancy or related issues, it is unfair. Employers cannot require pregnant or nursing employees to do work that may harm their health or their child's health. This includes avoiding night shifts.
Pregnant employees should be offered alternative jobs with the same benefits as their regular job. This should be provided during pregnancy and for six months after giving birth. Additionally, they should be given breaks as needed. They should also be given breaks when needed. Breast feeding employees should be granted time to breast-feed for at least 30 minutes twice per day.
MATERNITY LEAVE AND BENEFITS
A pregnant woman may take maternity leave from four weeks before her due date. Pregnant women are entitled to four consecutive months' unpaid maternity leave, which may start at any time from four weeks before an expected date of birth or from an earlier date if a medical practitioner or midwife certifies that leave is necessary for the health of the mother or child.
Employees are prohibited from working during the period of six weeks after the birth of the child unless a doctor certifies that she is fit to do so. An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to six weeks’ maternity leave after the event.
Employees on maternity leave have the right to claim from the UIF and may make an application for maternity benefits at any time before or after childbirth: provided that the application must be made within twelve months after the birth of the child.
Employees need to go to their nearest Department of Employment and Labour (DEL) centre to apply for benefits. They can also ask someone else to go for them. They can choose to get paid at the centre or have the money put into their bank account.
Benefits payable must be determined by multiplying the monthly remuneration by 12 and dividing it by 365. If paid weekly, by multiplying the weekly remuneration by 52 and dividing it by 365. If the contributor's remuneration fluctuates significantly from period to period, the calculation must be based on the average remuneration of that contributor over the previous six months.
The amount of benefits you receive depends on a sliding scale between 38-58%. You can receive benefits for up to 121 days, depending on your credits. If you have a miscarriage or a stillborn child, you can receive benefits for up to six weeks after the event.
PARENTAL LEAVE AND BENEFITS
The amendments to the BCEA include the removal of “birth of a child” as a statutory ground for taking Family Responsibility Leave. In terms of section 25A of the BCEA, an employee who is a parent of a child will be entitled to 10 consecutive days’ unpaid parental leave. Parental leave may commence on the day that the child is born.
The 10 consecutive days’ parental leave are calendar days, not working days. An employee who contributes to the Unemployment Insurance Fund may submit an application (form UI 2.9) for parental benefits to the Department of Employment and Labour in terms of section 26B of the Unemployment Insurance Act (UIA).
PARENTAL BENEFITS
An applicant for parental benefits, when making the application, must submit –
(a) an identity document;
(b) a full birth certificate of the child with full details of parents;
(c) a surrogate motherhood agreement in terms of the Children’s Act, 2005 (Act No. 38 of 2005); or (d) an interim court order placing the child in the care of the prospective adoptive parent pending the finalisation of an adoption order in respect of that child;
(e) details of a valid bank account, in the form of UI 2.8; and
(f) remuneration received by the employee whilst still in employment, in the form of UI 2.7.
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