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Conditions for maternity leave

Pregnant women have the right to take maternity leave, but it comes with challenges for both the employee and the employer. "Maternity leave can be implemented to the benefit of both employer and employee," says Anja Hartman, HR director of Sage VIP.
Conditions for maternity leave
© Anastasia Popova - Fotolia.com

There are certain labour law specifications that need to be taken into consideration; however, companies can create a customised policy that will benefit both the employer and the employee.

"We at Sage VIP provide four months of maternity leave, partially paid. The four months period is followed by a 'phase-in' process, where the new mother only has to work 20 hours a week. During this period she is paid per hour. There is no impact on the employee's annual leave and the leave days will accrue as normal," Hartman says.

The adoptive parent is also entitled to four months of maternity leave. In cases where the adopted child is not a baby, the employee can agree with the employer to take maternity leave. However, UIF may not be claimed if the child is older than two.

Fit to work

According to the law, after 36 weeks a pregnant woman needs to provide a medical certificate to prove she is fit to work. Pregnancy also brings challenges for sales staff who have to travel. At Sage VIP they have stated that it remains the employee's choice to travel and they also give consultants the option of providing telephonic support to customers, after week 30 of their pregnancy.

"We provide five days leave for new fathers. However, our company is expanding into the rest of Africa and therefore we need to also take into consideration the labour laws of the other countries we operate in," she continues.

Sage VIP's policy specifies that when an employee chooses to take partially paid maternity leave they agree to work for the company for one year after returning from maternity leave. Should they resign before the one year period they acknowledge that they will be responsible for repaying a portion of the remuneration.

Employees who want to claim UIF during maternity leave can visit the website for the Department of Labour at www.labour.gov.za for further information and copies of all forms.

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