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Basic Guide to Maternity Leave

Basic Guide to Maternity Leave

Pregnant women may take 4 months of maternity leave, starting 1 month before their due date.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Number of Leave Days

Pregnant workers are entitled to at least 4 consecutive months of maternity leave.

Based on Legislation in Section 25of the Basic Conditions of Employment Act

Timing of Leave

Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons. Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife says it is safe.

Based on Legislation in Section 25of the Basic Conditions of Employment Act

Safety of Pregnant or Nursing Workers

A worker who is pregnant or nursing may not do work that is unsafe for her or her child.

Based on Legislation in Section 26of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

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