30/11/2020
Human Capital - Talk of the week...
Types of leave Part 3:
Maternity and Parental Leave –
Maternity Leave: Section 25 – This type of leave only applies to female employees. An employee may take at least four months’ unpaid maternity leave.
• The leave can commence at any time four weeks prior to the expected date of the birth or at a date a doctor or midwife considers to be necessary for it to be taken for the sake of the health of the mother or baby.
• The employee should preferably notify the employer in writing about the date on which she intends to go on maternity leave.
• An employee may not return to work for a period of six weeks after the birth, unless a doctor or midwife certifies that the employee is fit to resume work.
• In the event of a miscarriage during the last trimester or in the case of a stillbirth the employee is entitled to six weeks’ maternity leave regardless of whether or not maternity leave has already commenced at the time of such event.
Parental Leave: Section 25A – An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave, when the employee's child is born, or adoption is granted; or the child is placed in the care of a prospective adoptive parent by a competent court, pending the finalization of an adoption order.
Adoption Leave: Section 25B – An employee who is an adoptive parent of a child who is below the age of two, is subject to section 25(6), entitled to at least ten weeks consecutive adoptive leave; or ten consecutive days parental leave when adoptive is granted, or the child is placed in his /her care as prospective adoptive parent by a competent court, pending the finalization of an adoptive order.
Commissioning Parental Leave: Section 25C – An employee, who is a commissioning parent in a surrogate motherhood agreement is subject to section 25(6), entitled to at least ten weeks consecutive commissioning parental leave; or ten consecutive days parental leave when his /her child is born as a result of a surrogate motherhood agreement.
Protection of employees before and after birth of a Child: Section 26 - No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.
During an employee’s pregnancy and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are no less favorable than her ordinary terms and conditions of employment, if—
• the employee is required to perform night work. as defined in section 17(1) or her work poses a danger to her health or safety or that of her child; and
• it is practicable for the employer to do so.
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