08 Aug Know Your Rights: Protection of employees before and after birth of a child

Protection of employees before and after the birth of a child

What the Law says:

Section 26 of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020, states:

Protection of employees before and after the birth of a child.

(1)  No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.

(2)  During an employee’s pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if—

(a) the employee is required to perform night work, as defined in section 17 (1) or her work poses a danger to her health or safety or that of her child; and

(b) it is practicable for the employer to do so.

(You can download a full copy of the Act Basic Conditions of Employment Act No  here)

Code of Good Practice from the Department of Labour

The Department of Labour also has a very useful Code of Good Practice Basic Conditions of Employment and Pregnancy available to download on how to deal with Pregnancy in the Workplace. 

What the CCMA Says:

The CCMA also has a very useful Information sheet that breaks down all the relevant legislation, how to register for benefits, and other rights.   

Download a copy of the Information Sheet on Maternity Benefits from www.ccma.org.za 2022 by clicking on the link.

Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice.  The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.

What does the Law say about your rights with regard to maternity leave?

Have a read through our previous post on this top here.