Maternity and the law – in a nutshell. • Employers have a duty to provide for leave, including maternity leave, in the contract of employment. • You are entitled to at least four consecutive months maternity leave, which may begin at any time from four weeks before the expected date of birth. However, if a midwife or medical practitioner certifies that your health or that of your unborn child makes it necessary to start your leave earlier, this period may exceed the four months. • No employee may be expected to work for the first six weeks after the birth of her baby. • Employers do not have to pay employees while they are on maternity leave, but some do. If not, you can claim from the Unemployment Insurance Fund (UIF). • If an employer refuses to allow an employee to return to work after she has taken maternity leave to which she was entitled, the law regards this as an automatically unfair dismissal. • You can also be ‘constructively dismissed’ on the grounds of pregnancy. Constructive dismissal is when your employer doesn’t actually dismiss you by firing you, but through his or her actions, makes your job intolerable. For example, he or she reduces your salary or changes your job description when he or she’s been informed of your pregnancy. You would have to prove that the changes in your working arrangements were because of your pregnancy. If your employer dismisses you because of your pregnancy, you can refer your dispute to the CCMA within 30 days of the dismissal in order for the Commission to decide on the matter.
Posted on: Mon, 04 Aug 2014 15:23:48 +0000
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