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Unemployment Insurance Act, 2001 (Act No. 63 of 2001)

Chapter 3 : Claiming Benefits

Part D : Maternity benefits

24. Right to maternity benefits

 

(1) Subject to section 14, a contributor who is pregnant is entitled to the maternity benefits contemplated in this Part for any period of pregnancy or delivery and the period thereafter, if application is made in accordance with prescribed requirements and the provisions of this Part.

 

(2) [Section 24(2) substituted by section 8 of Notice No. 32, GG 25721, dated 14 November 2003 (Unemployment Insurance Amendment Act, 2003)]

 

(3) When taking into account any maternity leave paid to the contributor in terms of any other law or any collective agreement or contract of employment, the maternity benefit may not be more than the remuneration the contributor would have received if the contributor had not been on maternity leave.

 

(4) For purposes of this section the maximum period of maternity leave is 17,32 weeks.

 

(5) A contributor who has a miscarriage during the third trimester or bears a still-born child is entitled to a full maternity benefit of 17.32 weeks;

[Section 24(5) substituted by section 10 of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018) - effective 1 March 2019]

 

(6) A contributor is not entitled to benefits unless she was in employment, whether as a contributor or not, for at least 13 weeks before the date of application for maternity benefits.

[Section 24(6) inserted by section 9(b) of Notice No. 35, GG 40557, dated 19 January 2017 (Unemployment Insurance Amendment Act, 2016)]

 

 


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