Pregnancy, maternity leave and labour law
South Africa’s labour laws protect women employees when they become pregnant and ensure that they receive maternity leave.
The Department of Labour has issued a Code of Good Practice on the protection of employees during pregnancy and after the birth of a child.
The Code, issued in terms of the BCEA, is aimed at protecting pregnant and post-pregnant employees as well as at protecting the employee?s newborn child. As mentioned, the Code obliges employers to:
* Encourage women employees to inform the employer of their pregnancy as early as possible so as to ensure that the employer can assess risks and deal with them
* Evaluate the situation of each employee who has informed the employer that she is pregnant.
* assess risks to the health and safety of pregnant or breast-feeding employees within the workplace
* Implement appropriate measures to protect pregnant or breast-feeding employees
* Supply pregnant or breast-feeding employees with information and training regarding risks to their health and safety and measures for eliminating and minimising such risks
* Maintain a list of jobs not involving risk to which pregnant or breast-feeding employees could be transferred.
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