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You’re a working mom-to-be and your life is about to change radically.
You have an exciting but also enormously challenging time ahead of you, which means that you need to be well prepared.
In South Africa, pregnant workers are protected by the law. Specific legislation regulates maternity leave and also protects women from discrimination related to pregnancy. These are found in the Basic Conditions of Employment Act and the Constitution of South Africa (Section 9 (3)).
Here are a few handy questions you should be asking.
When should I notify my employer?
Legally, you’re obliged to give four weeks written notice, if possible, of your intention to take maternity leave. But be sensible: the earlier the better. Tell your employer well in advance about your pregnancy and expected delivery date. Contact your HR department and find out exactly how maternity leave works. This will give both you and your manager the chance to get a proper plan in place for while you’re away.
How will my department cope without me?
It’s your manager’s responsibility to redistribute your tasks or appoint a temporary replacement. However, being a proactive employee is always a good thing – you could present your manager with a proposal on how your work could be reassigned. A maternity leave plan will reassure the boss that you plan to return to work.
Would I have to jump straight back in when I’m back at work, or can I ask for less work for a while?
You can insist on less strenuous work if you can prove that your present job negatively affects you or your child’s health. This is complex, so refer to the Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child.
Should I work from home while on maternity leave?
This is probably a question asked by first-time moms-to-be who haven’t been through the utter exhaustion of having a new baby! You might wish for a sleepy little angel, but there’s a chance that you could have a colicky baby, or one with nocturnal habits. The answer is simple. Rest whenever you possibly can!
How much maternity leave am I legally entitled to?
In South Africa, you have a right to four consecutive months of maternity leave, though your employer is not legally obliged to pay you. You can, however, claim from the Unemployment Insurance Fund (UIF). Visit your nearest labour centre with your ID book or passport, banking details and a doctor’s certificate. If you’re physically unable to do so, you can send somebody on your behalf.
Can my baby’s father get paternity leave?
Fathers are entitled to three days’ family responsibility leave per year, and only if they’ve been working for four months, and for more than four days per week.
How long before the birth can I leave work?
You can leave work at any time from at least four weeks before your baby is born. Depending on your medical condition, you could leave earlier if necessary. You could also choose to work for as long as you want, up to the baby’s birth. Decide on a date well in advance.
How long after the birth do I have to return to work?
New mothers can return to their work six weeks after the birth of their baby. This could be earlier, if a doctor or midwife has given medical approval.
What about a miscarriage or a stillborn child?
Women who have miscarriages or give birth to stillborn babies in their third trimester are entitled to six weeks’ leave afterwards, regardless of whether they’ve already gone on maternity leave.
Will my job be safe while I’m away?
You’re entitled to return to the job you left before going on maternity leave. It would be considered discriminatory to dismiss a woman for any reason related to her pregnancy.
Says Pieter Human, Director of Labourwise: “Having a child will have a huge impact on your life at the best of times, including your career. Proper planning and knowing your rights in terms of maternity leave are vital.”
