Mila
Honorary Master
How does this work. I know that a employer do not have to pay anything to maternity leave.
And the rest?
And the rest?
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Maternity leave
- Thread starter Mila
- Start date
I believe (but stand to be corrected) that it's compulsory that you go on leave 4 weeks before you're due and go back to work 6 weeks after the birth. You're actually entitled to 4 months maternity.
http://www.labour.gov.za/legislation/acts/basic-guides/basic-guide-to-maternity-leave
http://www.labour.gov.za/legislation/acts/basic-guides/basic-guide-to-maternity-leave
Mila
Honorary Master
http://www.women24.com/Women24v2/ContentDisplay/w24v2_ArticleCapture/0,,7268,00.html
Our law say an employer doesn't have to pay the employee...
How about falling pregnant in your probation period? I used to work at a place where a girl was told to leave because she was pregnant in her first 3 months...?
Is this different from company to company or does the law say something?
Our law say an employer doesn't have to pay the employee...
How about falling pregnant in your probation period? I used to work at a place where a girl was told to leave because she was pregnant in her first 3 months...?
Is this different from company to company or does the law say something?
medicnick83
Paramedic
You wouldn't need to know about this if you didn't damn well get pregnant!!!!!!!!!!!!! lol! 
yes get plenty of it.
Mila
Honorary Master
You wouldn't need to know about this if you didn't damn well get pregnant!!!!!!!!!!!!! lol!
LOL!!
It's the women around here breeding like rabbits!!!
Now it's my job to get the info on the laws, with out asking HR...
Oke in our company if you fall pregnant in your first year off employment they
do not pay you a cent of maternity leave.
If you have worked longer you get 3 months full pay and the 4 month you only get a third of your pay, they have to keep your work.
I want to know about the first 3 months can they ask you to leave?
It is illegal to discriminate against a woman based on pregnancy. They cannot ask you to leave.
The company is not required to pay you for maternity leave, although they are required to keep your job for you.
You can claim from UIF while you are on maternity leave (If you are unpaid), however you need to start the paper work etc as soon as possible. The guavament requires lots of notice.
IIRC, you may go on leave two weeks prior to the birth, and you are required by law to be off for a minimum of 6 weeks after the birth before returning to work.
My wife was unpaid for maternity for our first two children due to her crappy work, so she went back to work after 6 weeks, however for our third child, she had the luxury of paid maternity leave for four months.
The company is not required to pay you for maternity leave, although they are required to keep your job for you.
You can claim from UIF while you are on maternity leave (If you are unpaid), however you need to start the paper work etc as soon as possible. The guavament requires lots of notice.
IIRC, you may go on leave two weeks prior to the birth, and you are required by law to be off for a minimum of 6 weeks after the birth before returning to work.
My wife was unpaid for maternity for our first two children due to her crappy work, so she went back to work after 6 weeks, however for our third child, she had the luxury of paid maternity leave for four months.
RichardG
Honorary Master
http://www.labour.gov.za/legislatio...amended-basic-conditions-of-employment-act-21
. Maternity leave
[In terms of section 187(1)(e) of the Labour Relations Act, 1995, the dismissal of an employee on account of her pregnancy, intended pregnancy, or any reason related to her pregnancy, is automatically unfair. The definition of dismissal in section 186 of the Labour Relations Act, 1995, includes the refusal to allow an employee to resume work after she has taken maternity leave in terms of any law, collective agreement or her contract.]
(1) An employee is entitled to at least four consecutive months’ maternity leave.
(2) An employee may commence maternity leave—
(a) at any time from four weeks before the expected date of birth, unless otherwise agreed; or
(b) 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.
(3) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.
(4) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.
(5) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to—
(a) commence maternity leave; and
(b) return to work after maternity leave.
(6) Notification in terms of subsection (5) must be given—
(a) at least four weeks before the employee intends to commence maternity leave; or
(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.
(7) The payment of maternity benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 1966 (Act No. 30 of 1966). [Sections 34 and 37 of the Unemployment Insurance Act, 1966 (Act No. 30 of 1996) provide for the payment of maternity leave. Legislative amendments will be proposed to Cabinet to improve these benefits and to provide that the payment to an employee of maternity benefits does not adversely affect her right to unemployment benefits.]
. Maternity leave
[In terms of section 187(1)(e) of the Labour Relations Act, 1995, the dismissal of an employee on account of her pregnancy, intended pregnancy, or any reason related to her pregnancy, is automatically unfair. The definition of dismissal in section 186 of the Labour Relations Act, 1995, includes the refusal to allow an employee to resume work after she has taken maternity leave in terms of any law, collective agreement or her contract.]
(1) An employee is entitled to at least four consecutive months’ maternity leave.
(2) An employee may commence maternity leave—
(a) at any time from four weeks before the expected date of birth, unless otherwise agreed; or
(b) 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.
(3) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.
(4) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.
(5) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to—
(a) commence maternity leave; and
(b) return to work after maternity leave.
(6) Notification in terms of subsection (5) must be given—
(a) at least four weeks before the employee intends to commence maternity leave; or
(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.
(7) The payment of maternity benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 1966 (Act No. 30 of 1966). [Sections 34 and 37 of the Unemployment Insurance Act, 1966 (Act No. 30 of 1996) provide for the payment of maternity leave. Legislative amendments will be proposed to Cabinet to improve these benefits and to provide that the payment to an employee of maternity benefits does not adversely affect her right to unemployment benefits.]
blunomore
Honorary Master
RichardG
Honorary Master
http://www.inspiringwomen.co.za/index.php?option=com_content&task=view&id=638&Itemid=346
Go read that article
Paid or Unpaid maternity leave?
The Act does not require that maternity leave should be paid and the employer is not under an obligation to provide for paid maternity leave. Some employers do however provide for paid maternity leave in that the contract of employment makes provision for an amount of days or weeks that will be paid. It is thus important to thoroughly read your contract of employment, in order to know what rights to paid maternity leave you will have during employment at your specific employer. If your employer does not make provision for paid maternity leave, there do exist the possibility to make a claim in terms of the Unemployment Insurance Act, 1966.
Go read that article
Paid or Unpaid maternity leave?
The Act does not require that maternity leave should be paid and the employer is not under an obligation to provide for paid maternity leave. Some employers do however provide for paid maternity leave in that the contract of employment makes provision for an amount of days or weeks that will be paid. It is thus important to thoroughly read your contract of employment, in order to know what rights to paid maternity leave you will have during employment at your specific employer. If your employer does not make provision for paid maternity leave, there do exist the possibility to make a claim in terms of the Unemployment Insurance Act, 1966.