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Maternity and Paternity Leave
DESCRIPTION:
Female employees have a right to four months maternity leave. This leave can start four weeks before the expected date of birth and the employee cannot be forced to go back to work for six weeks after the birth of the child.
Based on Legislation in Section 25, of the Basic Conditions of Employment Act

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 25, of the Basic Conditions of Employment Act

An employee who bears a still-born child may remain on maternity leave for six weeks after the still birth or a longer period if a medical practitioner states that it is necessary for her health and safety.

Maternity leave may be paid or unpaid. If the employee has been contributing to the Unemployment Fund, she will be able to claim benefits during the period that she is on maternity leave. An employer may appoint a temporary employee to perform the duties of the employee while she is on maternity leave.

If you are planning to take maternity or paternity leave, you should inform your employer of the expected date of the arrival of your child. Employees on maternity leave also need to inform their employers in writing of when they expect to return to work.

A pregnant or nursing worker may not do work that is unsafe for her or her child.
Based on Legislation in Section 26, of the Basic Conditions of Employment Act
INSTRUCTIONS:
Where can I find more information?

Department of Labour
4th - 6th Floors
West Bank Building
Cnr Riebeeck and Long Streets
Cape Town

Operating Hours:

07:30 to 16:00, Monday to Friday.
Tel: 021 441 8000
Fax: 021 441 8135

Source: www.labour.gov.za (Basic Guide to Maternity Leave)
PROVIDED BY:
GOVERNMENT BODY:
Department of Labour (The Government of South Africa)
The content on this page was last updated on 8 July 2010
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