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Basic Guide to Maternity Leave (Learnerships)

by Zopedol — last modified 2008-01-08 12:52

Pregnant learners may take 4 months’ maternity leave, starting 1 month before their due date.

Application

The Sectoral Determination 5: Learnerships applies to-
- the employment of a learner –
  - who has concluded a learnership agreement; and
  - who was not employed by the employer party to the learnership agreement when the agreement was concluded; and
- every employer who employs a learner.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

See

Sectoral Determination 5 : Learnerships

A sectoral determination establishing conditions of employment and rates of allowances for learners in South Africa

Number of Leave Days

Pregnant learners are entitled to at least 4 consecutive months of maternity leave.

Timing of Leave

Learners may take maternity leave 4 weeks before their due date, or earlier or later as agreed for health reasons.

A learner may not work for 6 weeks after the birth of her child, unless a doctor or midwife certifies she is fit to do so.

Learners must notify employers 4 weeks prior to starting maternity leave.

Safety of Pregnant or Nursing Learners

A learner who is pregnant or nursing may not do work that is unsafe for her or her child.

If a learner does night work, her employer must provide suitable, alternative employment under her ordinary employment conditions during her pregnancy and for 6 months after the birth.

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