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Thread: Maternity leave

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    Question Maternity leave

    Hi I am just wondering about what % of my monthly salary I am entitled to. I have been working at the same company for 9 years and have not been registered for UIF. I am now on maternity leave and can't claim UIF. I would just like to know how much of my salary my boss has to pay me?

    Any info on this will really help me a great deal.

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    Platinum Member Mike C's Avatar
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    Hi Understanding - this is an extract from the Basic Conditions of Employment

    25. (1) An employee is entitled to at least four consecutive months’ maternity leave.
    (2) An employee may commence maternity leave—
    (a) at any time from four weeks before the expected date of birth, unless
    otherwise agreed; or
    (b) on a date from which a medical practitioner or a midwife certifies that it is
    necessary for the employee’s health or that of her unborn child.
    (3) No employee may work for six weeks after the birth of her child, unless a medical
    practitioner or midwife certifies that she is fit to do so.
    (4) An employee who has a miscarriage during the third trimester of pregnancy or
    bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or
    stillbirth, whether or not the employee had commenced maternity leave at the time of the
    miscarriage or stillbirth.
    (5) An employee must notify an employer in writing, unless the employee is unable
    to do so, of the date on which the employee intends to—
    (a) commence maternity leave; and
    (b) return to work after maternity leave.
    (6) Notification in terms of subsection (5) must be given—
    (a) at least four weeks before the employee intends to commence maternity leave;
    or
    (b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.
    (7) The payment of maternity benefits will be determined by the Minister subject to
    the provisions of the Unemployment Insurance Act, 1966 (Act No. 30 of 1966).7
    Protection of employees before and after birth of a child
    26. (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.8
    (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.
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

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    Platinum Member Mike C's Avatar
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    Hi Understanding. If you and your company have not been paying UIF for you, I think that you are going to be out on a limb

    An employer is obliged to keep the employee's job open, and no employee may be dismissed on grounds of pregnancy, or for any reason in relation to pregnancy or intended pregnancy. Any arrangements between the employer and employee regarding payment of salary or benefits during maternity leave, remains a matter between employer and employee and has nothing to do with any provision of the Act. The employee must inquire at the Department of Labour regarding maternity benefits payable in terms of UIF.
    South African Labour Guide
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

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    Thank you for your feedback

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    Large companies pays one month maternity bonus after 2 years service

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    Site Caretaker Dave A's Avatar
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    Is there a lawful reason why the company has not been paying over UIF contributions?

    If not, I'd argue that they've predjudiced you i.r.o. maternity benefits you would have received from the fund.
    The trouble with opportunity is it normally comes dressed up as work.

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