For many women, whilst becoming pregnant brings an incredible amount of joy, it also comes with significant fear and insecurity as to how your Employer may handle the news. You may ask yourself many questions such as "will I still have a job to come back to after I give birth?", "I am on unpaid maternity leave, may I come back after a month or two?" and "will I be treated differently?" to name but a few.
The most important thing to note is that being pregnant does not strip you of your right to freedom from unfair discrimination nor your right to fair labour practices. Both current and prospective employers cannot discriminate against you based on pregnancy, and any such adverse treatment on this basis is automatic unfair discrimination in terms of your rights contained in Section 9 of the Constitution of the Republic of South Africa. Employers are also obliged to ensure that the working environment is suitable and non-hazardous for their pregnant employees. This includes certain allowances may be made that ensure there are no penalties for frequent bathroom-breaks, morning sickness and general fatigue as some examples. Section 26 read with Section 7 of the Basic Conditions of Employment Act provides further insight into the obligations of your Employer.
As soon as you are comfortable to disclose your pregnancy, it is advisable to inform your employer to ensure they have sufficient notice to make the necessary arrangements. After that, notice should be given to your employer advising them of the dates upon which you will be commencing maternity leave and subsequently returning to week. Section 25 of the BCEA provides that pregnant employees are entitled to no less than four months of maternity leave. It is important to note here that you are not entitled to paid maternity leave but merely four months unpaid maternity leave. It is therefore beneficial to enquire as to your employers maternity benefits and policies before commencing employment. Should you wish to waive the minimum maternity leave and return to work earlier than scheduled, you would need to provide a note from your medical practitioner giving authorisation that you are capable of doing so. Employers can, therefore, not force you to shorten your maternity leave.
Should you feel as if you have been unfairly dismissed or a victim of unfair labour practices, the CCMA is well-equipped to deal with and resolve the dispute. Pregnancy and motherhood are challenging in their own rite.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
