Pregnancy & Maternity Leave

When we were doing out antenatal classes there was one of the mothers in our group that were terrorised and victimised by her employer for being pregnant. We were about 7-8 months pregnant at that stage and he was making life very difficult with statements such as your pregnancy was not part of my staff-planning, and neither was it planned by you so why did you not get an abortion? She obviously was heartbroken and distressed at him being so unfriendly [euphemism for being an complete idiot].

He kept at it, taking away her PC and not giving her anything to do.

This all stopped when I told her to take this up with her HR department, she wrote them a letter and outlined his behaviour to her. She was transferred to another department and when I saw her a year later she was still working for the same company.

The main thing was that she went through all this torment because she did not know her rights.

Now there are a number of things that you need to know about maternity leave:
First off it is you right to be pregnant.
It is you right to go on maternity. It is your right to be secure in the knowledge that you will be able to go back to work after you had your baby and completed your maternity leave.

You can't be fired for being pregnant and an employee will find it very hard to explain why your contract was terminated whilst you are pregnant.

Also remember that a worker who is either pregnant or nursing is not allowed to do work that is unsafe or harmful to her or her child.

Secondly you have the right to 4 months unpaid maternity leave.
This can be taken either as one month before your baby is due and 3 months after, or 4 months after your baby is due. A lot of super human women has vouched for the last option but I would suggest taking at least 2 weeks before baby is due just to get all your ducks in a row.

The above outlines the minimum leave you are allowed to take according to your basic conditions of service, as stipulated by Department of Labour. The company you work for might have their own policies, but it can never be less than outlined above, as that would mean that they are contravening a law.

If you wish to go back to work earlier out of own accord, please note that you are not allowed back at work within six weeks after the birth, unless your doctor or midwife say it is safe.

Also remember: You can claim for UIF for a maximum period of 17 weeks. Mothers who miscarry in the third trimester or give birth to a stillborn baby can claim for six weeks.

Thirdly you have the right to claim UIF during this four months of maternity leave:
Do you qualify for UIF? It is easy if - UIF is deducted from your salary on your payslip then you qualify. Any extenuating circumstances, such as whether you benefit from another compensation fund or have been suspended from claiming for legal reasons, are outlined on the Department of Labour's website.

The following employees are excluded from UIF: those working less than 24 hours a month for an employer, learners, public servants, foreigners working on contract, workers who get a monthly state pension or workers who only earn commission.

You need to complete a number of forms to allow you to receive payment, but it is easy and the money will come in handy.

Remember: you can only start claiming after you have stopped working and is on UNPAID leave any literature telling otherwise is incorrect; (yes!! even the department of Labour's own web site). The UIF offices will only accept your forms once you are officially on UNPAID leave.

Fourthly applying for UIF is easy.
It is no longer that long and drawn-out process which all the women who have gone before us had to go through.

Once all the nitty-gritty has been done; the initial application which will be sent to UIF head offices for authorisation which will take around 3 weeks; you are home free. You go into the office again to prove your baby is indeed born and then to provide the birth certificate. You are only paid when they receive proof that you are still not back at work after the birth, remember they only pay you for the days that you have not been at work, and each time you go in they will tell you when the earliest date is when you can come in again.

Also note that the money is paid directly into your bank account so you don't need to worry about cheques and banking.

Each time I went to their offices it was fast and easy, and the staff was friendly.

Finally you don't need to do it yourself.
You can send anyone with the correct paperwork on your behalf Bob's your uncle, your money will be deposited into your bank account no fuss.

For any additional questions go to:
Basic Guide to Maternity Benefits