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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Textile Bargaining Council

Collective Agreement

Part 1

D: Annual Leave

22. Maternity Leave

 

Unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—

22.1 subject to the provisions of this Agreement, a female employee who has continuously worked for the same employer for not less than one completed year as and when she commences her maternity leave will be entitled to maternity leave not exceeding six months for any one pregnancy;
22.2 such employee must, at least four weeks before commencement, notify her employer in writing of the date she intends to commence maternity leave, and the date she intends to return to work;
22.3 during the period of maternity leave all terms and conditions of employment under the employment contract will be suspended, except that—
22.3.1 where there is compliance with clause 22.1, service will be regarded as uninterrupted;
22.3.2 the employee will be entitled to receive a maternity benefit in accordance with this Agreement;
22.3.3 any annual leave due to the employee must be taken as part of the maternity leave;
22.4 at the end of the period of maternity leave the employee will be entitled to resume work with the employer in a position at least identical or similar to, but not less favourable than, the one held prior to taking maternity leave;
22.5 a pregnant employee may commence maternity leave at any time from four weeks prior to her expected date of confinement, but may not work for six weeks after the birth of her child, unless it is certified by a medical practitioner that she is fit to do so;
22.6 employers must pay employees 33% of their basic weekly wage for four months and the remaining two months are to be unpaid;
22.7 each employer must guarantee the re-employment of the employee after the expiry of the maternity leave unless she has been selected for retrenchment on criteria agreed to between the employer and the trade union party to this Agreement;
22.8 the employer may hire an employee on a temporary basis to fill the employee's post until the employee returns and the trade union will not challenge the fairness of the termination of service of the temporary employee as a consequence of what is laid down in this section.