Basic Conditions of Employment Act: A guide to maternity leave and claiming maternity leave

  • A pregnant employee is entitled to up to four consecutive months’ maternity leave.
  • A pregnant employee or employee nursing her child is not allowed to perform work that is hazardous to her or her child.
  • Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons.
  • Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife say it is safe.

Claiming UIF

Who can claim? You cannot claim if you get benefits from :

  • the Compensation Fund for an occupational injury or disease; or
  • any other unemployment fund; or
  • have been suspended from claiming because of fraud.
  • You can claim if you are on maternity leave.

When must I claim?

  • Workers must apply at least 8 weeks before their child is born.
  • Based on Legislation in Section 25 of the Unemployment Insurance Act

How long can I claim for?

  • Workers can claim for 17 weeks.

Workers who miscarry in the third trimester or have a stillborn child can claim for six weeks.

  • Based on Legislation in Section 24, of the Unemployment Insurance Act

How do I claim?

  • Workers must fill in the application forms and, together with other required documents, hand it in at a labour centre.

Benefit Payments
How will I be paid?

  • Benefit payments can be collected from a labour centre of your choice.(Based on legislation in Section 23, of the Unemployment Insurance Act)

Tax

  • No tax is payable on the benefits. (Based on Legislation in Section 34 of the Unemployment Insurance Act)

Overpayments

  • If you get more money than you should, you must pay back the extra money. (Based on Legislation in Section 35, of the Unemployment Insurance Act)

Source: www.labour.gov.za

For more great articles and tips, please subscribe to receive our latest articles or join our new Facebook group. Got a childcare related question? Drop us a line at sitters (@) sitters4u.co.za or visit our website: www.sitters4u.co.za

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