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

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 3 : Leave

23. Maternity leave

 

 

1) An employee is entitled to at least four consecutive months' maternity leave.

 

2) An employee who has completed at least 6 months unbroken service with the employer as a class of employee specified in Schedule 5 in respect of whom minimum wages are prescribed is entitled to be paid 33 per cent of her normal basic wage while on maternity leave. This amount must be paid by the employer weekly on the usual pay day.

 

3) 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 midwife certifies that it is necessary for the employee's health or that of her unborn child.

 

4) 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.

 

5) 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.

 

6) 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.

 

7) Notification in terms of sub-clause (6) 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.

 

8) An employer may not require or permit an employee to work during maternity leave.

 

9) An employee who returns to work after a period of maternity leave is entitled to resume work in the same capacity and on the same terms and conditions that applied to her immediately prior to taking maternity leave if she-
a) returns to work within five months of the commencement of maternity leave; or
b) furnishes a medical certificate confirming the need for further leave of absence to her employer.