Pregnant and working: What are you rights?

Actress Gabisile Tshabalala recently started a campaign that highlights the discrimination pregnant women endure in the workplace. The campaign #SoWhatImPregnant saw a lot of women sharing about the mistreatment they received because they were pregnant. Some shared about dismissals or threats to dismiss.

We are therefore addressing some key questions related to pregnancy.

Pregnant women need to know their rights.

How soon after finding out you are pregnant should you tell your employer?

There is no rule. A lot of women wait until they are at least 12 weeks pregnant, but this is a personal choice. You just need to notify your employer 4 weeks before the date you are deciding to take your maternity leave.

Can your responsibilities be shifted if they may be harmful to you or your unborn child?

It is the employer’s responsibility to ensure that the environment in which a pregnant woman is working is safe and without risk. Section 26(1) of the Basic Conditions of Employment Act (BCEA) “prohibits employers from requiring or permitting a pregnant employee or an employee who is breast-feeding to perform work that is hazardous to the health of the employee or the health of her child”.

Are you eligible for maternity leave if you have been with a company for less than a year?

You are eligible for unpaid maternity leave regardless of how long you have been with the company. However, your company might stipulate that you are not eligible for paid maternity leave if you have been in their employ for less than a year.

When can you take your maternity leave?

The maternity leave may be taken at any time from 4 weeks before the expected date of birth of the child unless your medical practitioner tells you otherwise.

How long is maternity leave?

An employee is entitled to 4 months of unpaid maternity leave as stated in section 25 of the BCEA.  Employers are not legally obliged to pay you during maternity leave, but a lot do. Some even pay their employees 100% of their salary.

Can you take maternity leave if you had a miscarriage?

If you miscarried in the third trimester, then you are eligible for 6 weeks of maternity leave.

When can you return to work?

You can only return to work 6 weeks after the birth of your baby.

When can you apply for UIF?

A pregnant woman can claim UIF maternity benefits from the Department of Labour and she can submit her claim forms at least 8 weeks before commencing her maternity leave. You can claim for up to 17 weeks, but only 6 weeks if you miscarried.

Who can apply for UIF?

Any woman that does not receive 100% of their salary from their employer can claim UIF.

How much money from the UIF are you eligible for?

You are eligible for a maternity benefit of up to a maximum amount of 60% of your remuneration depending on the level of your income.

Read: How to claim for maternity UIF without losing your cool

Can you get dismissed because you are pregnant?

Every person has the right to not be discriminated against on any grounds. If you are, this is regarded as unfair dismissal and you can take your employer to the CCMA and be reinstated, or compensated.

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