Page 21 - DRG HR HANDBOOK- Nikita Pillay

MATERNITY LEAVE responsibility leave per year in the event of the
death of your spouse or life partner, parent,
ƒ Female employees may take up to 4 continuous
adoptive parent, grandparent, child, adopted child,
months of maternity leave.
grandchild or sibling.
ƒ Maternity leave can start any time from 4 weeks
ƒ An employer may want reasonable proof for which
before the expected date of birth or on a date a
the leave was taken.
doctor / midwife says is necessary for health
purposes, or that of the unborn child. STUDY LEAVE

ƒ No employee may work for 6 weeks after the birth
ƒ There is no in the BCEA for study leave - it does
of her child, unless a medical practitioner or
not exist.
midwife certifies that the employee is fit to do so.
ƒ However, organisations are welcome to allow for
ƒ Maternity benefits can be claimed via the
such leave.
Department of Labour.
ƒ Therefore, if the employee has such a requirement,
PATERNITY LEAVE she / he must apply for paid annual leave in
accordance with the employer’s annual leave policy.
ƒ Fathers are entitled to 10 consecutive days unpaid
ƒ Should the company wish to allow for study leave,
paternity leave. Employees will have to claim from
the terms and conditions for study leave will then
the Unemployment Insurance Fund (UIF) for those
need to be outlined in the company policy document.
unpaid days.
ƒ This is applicable to fathers who adopt a child UNPAID LEAVE
under 2 years old. This leave can be taken from the
There is no provision in the BCEA which entitles an
date that the adoption order is given or when the
child is placed in the care of the adoptive parents. employee to take unpaid leave. Unpaid leave is referred
to in the Act only in terms of what the employer is entitled
ƒ The employer should be notified in writing when the
to do when an employee’s sick leave or annual leave
leave will be taken unless the employee unable to
has been exhausted - the employer may then allow (or
do so.
require) the employee to take unpaid leave. However,
ƒ Paternity benefits can be claimed via the
there is no provision in the Act that allows an
Department of Labour.
employee to demand that he/she be permitted
FAMILY RESPONSIBILITY LEAVE to take unpaid leave.

ƒ If an employee is employed full-time for longer than Unpaid leave can therefore be declined
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4 months, he can take 3 days’ paid family upon application.