resigning while on maternity leave south africa

South Africa is catching up to the rest of the world when it comes to paternity leave. Section 34 of the Act prohibits deductions from an employee’s salary without the written consent of that employee This means the employer must still pay the employee even though he or she failed to serve notice (i.e., resignation “with immediate effect”) and the employer suffered damages.

\n "}},{"@type":"Question","name":"What is a calendar months’ notice? These benefits are paid under Unemployment Insurance Act. Also, when possible, tell your employer when you plan on taking leave, when your due date is and when you’ll be back at work. Section 37 (4) (a) of the BCEA says that a notice of termination of the employment relationship (includes a resignation) and must be done in writing. Determining the best time to resign requires some thought. “According to South Africa’s Basic Conditions of Employment Act (BCEA), female employees have the right to four consecutive months’ unpaid maternity leave. If an employee works less than 24 hours per month, he or she is not entitled to leave. Quitting Your Job While on Mat Leave. Your employer is not legally obliged to pay you during your maternity leave period unless the company’s policy, a collective agreement, or your employment contract provides for paid maternity leave. Section 25(5) places an obligation on the employee to notify her employer in writing, unless she is unable to do so, of the date on which she intends to commence maternity leave and return to work after this maternity leave. But the employer has the discretion to pay the employee in lieu of notice and require him or her to exit before the end of the notice period.

  • While the employee is off on sick leave, annual leave, maternity leave or family responsibility leave.
  • A worker, contributing to UIF, is eligible for a maternity benefit of 38% to 60% of average earnings in the last six months, depending on the insured person's level of income. They decided to use... Labour Law in a Nutshell: October 2020 The test on the review is well-established. Here’s how to handle it. South Africa offers working mothers up to 4 months of paid maternity leave. If a contract specifies one months’ notice and the employee gives three months’ notice, the contract would terminate after one month not after three months. Mothers on maternity leave need to be paid their full salary while away from work ... she termed progressive changes to the labour legislation regarding maternity leave. You may decide to start taking it one month before your due date, or even earlier if there are valid health reasons for you to do so. Here is the specific legislation about maternity leave. This notice in writing must be given at least four weeks before she intends to take the maternity leave. Sadly, in this country your employer is not legally obliged to pay you while you are on maternity leave. If you only take two months of maternity leave, you cannot claim UIF for an additional two months. When a contributing worker becomes unemployed; is unable to work due to sickness; or go on maternity leave, they can claim benefits from the UIF. For example, if the expected amount of notice is two weeks at your place of employment, try to give notice of your decision to quit at least two weeks before you are due to return. Sadly, in this country your employer is not legally obliged to pay you while you are on maternity leave. Your life is going to change radically over the next few months and you don’t need extra worries to cloud your beautiful expectations. How much maternity leave can I take at my workplace? Most companies, however, … What you need to know about resigning from your job while you are on maternity leave. Do you wish to resign rather than return to work after maternity leave? Maternity Leave (Number 24 of the Determination) (1) (a) A learner is entitled to at least four consecutive months’ maternity leave. In South Africa, pregnant women are protected by the law. All employees, irrespective of earnings, are entitled to 4 months unpaid maternity leave in terms of the BCEA. Can an employee resign while on maternity leave? This is because the notice period can’t run concurrently with the paid maternity leave"}},{"@type":"Question","name":"Can an employer withhold the employee’s final salary or accumulated leave pay if the employee refuses to work for the notice period?","acceptedAnswer":{"@type":"Answer","text":"No. An employee can insist on less strenuous work if she can prove that her present job negatively affects her or her child’s health, if she works a night shift, and if it is practical for her employer. The position that the South African Labour Courts have taken is that an employee cannot contract out of their minimum statutory rights, including their rights to maternity leave provided for in the Basic Conditions of Employment Act, 1997. Such arrangements do not enjoy statutory protection but can be enforced in contractual law. Devenish The logical conclusion is, therefore, that annual leave accrues during maternity leave. TIP:  Employers may consider reviewing their contracts of employment to align with the mechanics of how the law on resignations is applied in practice. If you resign while pregnant or while on maternity leave you can claim UIF for up to 4 months. Maternity benefit is paid for a … They reveal quite a lot of misconceptions about how the mechanics of resignations are supposed to work. These conventions and directives are then ratified by the member state and written into the laws of the member state. Your decision may be influenced by financial considerations, as quitting prior to maternity leave may mean losing insurance or paid time off. Resignations have featured in several SA Labour Court judgements and CCMA awards recently. What about a miscarriage or a stillborn child? You are entitled to at least 4 consecutive months of maternity leave. The only difference is that the notice period during probation might be shorter than the notice period for a permanent employee."}}]}. Due to the fact that she received no income for four months, her actual income for the year has been reduced by R68,000.00 and her estimated annual income is now only R136,000.00, annual tax would thus be R13,040.00 (18% tax bracket). South Africa Posts 3 Thanks 0 Thanked 0 Times in 0 Posts. 5 Everything you need to know about leave. Such notification must be given at least four weeks If you have a stillborn or miscarriage in your third trimesterm you can claim UIF for six weeks. When I was pregnant with my now almost three-year-old baby girl, I believed resigning while on maternity leave was the best option for my family.. If you only take two months of maternity leave, you cannot claim UIF for an additional two months. South Africa offers working mothers up to 4 months of paid maternity leave. An employee is entitled to at least four consecutive months' maternity leave. The resignation is a unilateral act by the employee and does not need the employer’s acceptance. The Unemployment Insurance Fund has been established to provide short-term relief to workers, subject to certain conditions, when they become unemployed, or are unable to work because of illness, maternity or adoption leave and also to provide relief to the dependents of deceased contributors. Some 1.5 million companies in South Africa pay contributions to the UIF on behalf of their workers. When a contributing worker becomes unemployed; is unable to work due to sickness; or go on maternity leave, they can claim benefits from the UIF. A worker, contributing to UIF, is eligible for a maternity benefit of 38% to 60% of average earnings in the last six months, depending on the insured person's level of income.

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    An employee may not work for six weeks after the birth of a child unless approved by a doctor.

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    Don’t worry. For labour law advice and services concerning notice periods and resignations, contact us today. It is an international organisation that South Africa belongs to as a member state. Usually, they do so after payday so they do not incur losses. The employee may give notice to the employer while he is on leave, but the notice period will only begin from the day on which the employee returns to work. Here's our 'How To' guide to ensure that you receive what you’ve earned so that you can take care of your new bundle of joy with one less worry. Paid maternity leave is a benefit, and the company is within its rights to conclude a contract with the employee stating that if she does not return to work for at least one year following her confinement, she will be obliged to return the salary she earned during her maternity leave. Tel: 083 375 8771 Labour Law in a Nutshell: November 2020 Avis was faced with serious incompatibility problems between two managers. While on maternity leave, she receives only 80% of her salary, which amounts to R8 000 per month. Resigning, UIF and Maternity Leave Hi I am not happy at my current job and I am 7 months pregnant. I had a few medical reasons which forced me into bed rest earlier on during the pregnancy, then I needed to go on medical leave, and then the maternity leave kicked in. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can the notice period be shorter?","acceptedAnswer":{"@type":"Answer","text":"No. However, the same does not hold true for the employee. Both interpretations are possible. South Africa will be under lockdown from midnight and this will force many employees to stay away from work. We assist employers with all kinds of employment contracts and policies and procedures to comply with the law and improve operations. So it is to your own benefit to tell them as soon as possible after you have found out. However, the same does not hold true for the employee. In theory, the employer has the right to claim the value of the employee’s salary for any period of notice not served in the civil court.

    "}},{"@type":"Question","name":"Can an employee take annual leave during a notice period? Answer: Yes Brief explanation: Section 20(1) of the Basic Conditions of Employment Act provides that an employee’s “annual leave cycle” is the period of 12 months Subscribe.

    Section 37 (5) of the BCEA says –

    You have successfully joined our subscriber list. "}},{"@type":"Question","name":"Can an employee resign with immediate effect while on probation? In Labour News by Jan Truter 12 August 2016 4 Comments. As a basic right, maternity leave in South Africa is a benefit enjoyed by all working expecting women. For the four months her total salary is R32 000. Last Updated on September 14, 2020 by admin. DEALE ATTORNEYS If you have a stillborn or miscarriage in your third trimesterm you can claim UIF for six weeks. Maternity leave is unpaid leave, but the employer is free to make arrangements or policies that employee will receive some, or all of their salary and benefits during this period. When I was pregnant with my now almost three-year-old baby girl, I believed resigning while on maternity leave was the best option for my family.. The minimum notice period for resignation is one week. Once they agree, they are bound by the longer employment notice period. What you need to know about resigning from your job while you are on maternity leave. Women can, however, claim from the Unemployment Insurance Fund (UIF). An employee may commence maternity leave- at any time from four weeks before the expected date of birth, unless otherwise agreed; or; on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee's health or that of her unborn child. What if I want to resign from my job during maternity leave? But what are you to do when the time comes to have your baby? All Rights Reserved. How To Quit Your Job While On Maternity Leave You changed your mind about going back to work after maternity leave (and no, you shouldn’t feel guilty). Even though the employee is suspended from working, the contract of employment would terminate at the end of the notice period.

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    (b) A learner is not entitled to receive her allowance during any period of maternity leave she takes. Mothers in South Africa are entitled to 4 months maternity leave, while fathers only receive 10 days. Maternity leave is the time that a new mother takes off from work in order to have or adopt a baby. This is the only time you can claim UIF when you resign. Resigning with immediate effect is illegal, but some companies may agree to this. Maternity benefits at UIF As an employed female contributor to the Unemployment Insurance Fund (UIF), you can apply for maternity benefits when you go on maternity leave. Here’s how to handle it. The employer is still entitled to proceed with disciplinary action against the suspended employee during the notice period. The Basic Conditions of Employment Act: The Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child was drawn up to protect women who work during pregnancy and return to work while they are still nursing. So this is a “back to basics” refresher to remind us how to deal with resignations.
  • and not run concurrently with any period of leaveto which the employee is entitled in terms of the Act, except sick leave.
  • For many mothers⁠ or aspiring stay-at-home fathers, the first few months after the birth of a child have a way of reorienting one’s priorities.A U.S. Census published in 2011 reported that 22% of first-time mothers quit their jobs either while they were pregnant or 12 weeks after their child's birth. How does an employee become eligible for maternity leave? However, if your employer is unaware of your pregnancy, he/she cannot inform you about things that might pose a risk to your unborn child or take the necessary steps to protect you from potential hazards. It’s your manager’s responsibility to redistribute your tasks among your colleagues or appoint a temporary replacement. In the months that you were on Maternity leave you received a zero payslip so now that your back in the 8th month of the tax year you have the 7000 that you receive in this month and the 28000 from the months before the Maternity leave. "}},{"@type":"Question","name":"Does an employer have to accept a request to withdraw a resignation?","acceptedAnswer":{"@type":"Answer","text":"No. This will allow them to receive some benefit while on maternity or paternity leave. Before going on maternity leave, she signs an agreement wherein she undertakes to work for Sage VIP for one year after returning from maternity leave. There are a few documents you need, and a few visits to the Department of Home Affairs you'll have to endure. If you decide to give your notice while on maternity leave, you should still give as much notice as you would give under normal circumstances. ","acceptedAnswer":{"@type":"Answer","text":"The notice period will run from the first day after the paid period of maternity leave ends. A resignation “with immediate effect” is a breach of the employment contract. All employees in South Africa as a condition of their employment are entitled to leave provisions as set out in the Basic Conditions of Employment Act (BCEA). This would help to remove any misconceptions which could prove costly when employees tender their resignations. "}},{"@type":"Question","name":"Does an employer have to accept a longer period of notice for resignation by the employee?","acceptedAnswer":{"@type":"Answer","text":"No. The Basic Conditions of Employment Act: The Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child was drawn up to protect women who work during pregnancy and return to work while they are still nursing. This will give both you and your manager the chance to get a proper plan in place for while you’re away. You are therefore entitled to return to the job you left before going on maternity leave. In addition to considering your personal needs and financial considerations, you will need to manage your relationship with your … Espionage: What if an employee uses his private cell-phone to take unauthorised photos inside the employer’s factory? If the employee does not want to serve the full notice period, the employer does not have to pay him or her for rest of the notice period. ","acceptedAnswer":{"@type":"Answer","text":"The answer is the same as previous one. But to ease your mind, here are seven important things about maternity leave and maternity pay in South Africa you should know: An expecting employee may take at least four consecutive months’ maternity leave, which may start four weeks before birth. These laws regulate maternity leave and protect women against discrimination related to pregnancy. Both men and women pay UIF in SA, so they should be entitled to the same benefits. The employment relationship is terminated immediately the written resignation is given and received. Visiting our website and using the information provided therein is subject to the Legal Terms. The notice period will run from the first day after the paid period of maternity leave ends. An employee who has a miscarriage during the last three months of pregnancy or who bears a stillborn child is also entitled to six weeks maternity leave, whether or not she has started maternity leave at the time. If you’re physically unable to do so, you can send somebody on your behalf. By law your employer is not obliged to give you paid maternity leave, but you are entitled to four consecutive months of maternity leave. KZN Office – Unit 4, Block H, Hilton Quarry Office Park, 400 Old Howick Road, Hilton, Kwazulu Natal, 3245, South Africa. "}},{"@type":"Question","name":"Does the employer still have to pay the notice pay if the employee refuses to work for the notice period?","acceptedAnswer":{"@type":"Answer","text":"No. “Ask whether you can combine maternity leave, accumulated annual leave, and unpaid leave, in order to maximise your time off work,” suggests Bev van Nijkerk, Segment Specialist: Sanlam Young Professional Market. The employer and the employee can agree to a longer notice period in their employment contract. The employer only has to accept the period of notice agreed in the contract of employment. However, being a proactive employee is always a good thing – you could present your manager with a proposal on how your work could be reassigned during your absence. So you would have received 7000 for March, 7000 for April, 7000 for May and 7000 for June, so before this employee went on Maternity leave she was taxed at 28000/4*12 = 84000. Deale Attorneys is a specialist labour law firm in South Africa. "}},{"@type":"Question","name":"How long does an employer have to make final pay after resignation? What if I want to resign from my job during maternity leave? Maternity leave is paid leave. If you get ill while working, you could, on medical advice, take maternity leave earlier and for longer if necessary. Nowhere in the section does it state that the accrual of leave is delayed by or suspended during maternity leave. The employee commences Maternity Leave in September and returns to work in January the following year. Web: deale.co.za Under South African Labour Law, employees who are pregnant or on maternity leave enjoy extensive protection from discriminatory conduct and dismissal if such discrimination or dismissal is directly or indirectly based on their pregnancy. [2] Uthingo Management (Pty) Ltd v Shear NO & others (2009) 18 LC 7.1.1, reported in Butterworth’s [2009] 6 BLLR 590 (LC). [1] Interpretation of Statutes (Juta & Co. Ltd, first edition), Professor G.E. The parties are free to agree improved conditions. The employee returns from maternity leave and decides to … There is no provision in South Africa’s legislation that stipulates when employees need to inform employers that they are pregnant. This organisation will have directives and conventions on various labour matters to which the member states subscribe. The starting point is to look at the notice periods for resignation prescribed in Section 37 of the Basic Conditions of Employment Act (the Act). Staff Writer 17 February 2019. What if an employee uses his private cell-phone to take unauthorised photos inside the employer’s factory? How much notice you have to give when resigning in South Africa. Also, contact your HR department and find out exactly how maternity leave works in your company. IN THE LABOUR COURT OF SOUTH AFRICA (Held at Johannesburg) CASE NUMBER: JS 487/09 In the matter between: Sonica Matthee Applicant and ... On 28 November 2008 she commenced maternity leave and was expected to resume her duties on 1 April 2009. Would I have to jump straight back in when I’m back at work, or could I ask for less strenuous work for a while? Having a maternity leave plan ready will also reassure your employer that you do plan to return to work after your baby has been born. Bringing a child into this world can get really expensive. There are four types of leave: annual-, sick-, maternity- and family responsibility leave.
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      Negotiate your maternity leave. Staff Writer 17 February 2019. BUT, if it can be shown that the company is not actually retrenching but is rather "pretending to retrench" in order to get rid of this specific employee who just happens to be on maternity leave, then the company is not allowed to do that and a dispute can be lodged by the employee with the company HR, or with the CCMA. commenced maternity leave at the time of the miscarriage or stillbirth.
    1. not be given during any period of leave to which the employee is entitled in terms of the Act;
    2. I could not find another job due to being pregnant and was planning on going on maternity leave and start looking for a new job during maternity leave. "}},{"@type":"Question","name":"When can notice of termination be given? The employee who wants to take maternity leave must inform the employer in writing of the date on which she intends to take the maternity leave and when she intends to return to work. Visit the Basic Guide to UIF Maternity Benefits for the low-down on everything or visit your nearest labour centre with your ID book or passport, banking details and a doctor’s certificate. Many companies also offer women paid maternity leave benefits, but not necessarily men,” states Jackie Nagtegaal, LAW FOR ALL’s Managing Director. All employees in South Africa as a condition of their employment are entitled to leave provisions as set out in the Basic Conditions of Employment Act. The maternity leave may begin at anytime from at least four weeks before the birth of the baby. REVIEW vs APPEAL: How does the labour court tell the difference between a review and an appeal? But this seldom happens because it’s a time-consuming and costly exercise.
    3. Just before the employee goes on annual leave so that the notice period runs concurrently with the employee’s annual leave.
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      Many of these women are working while they’re pregnant. Yes – but it is not called “paternity leave”. Section 20 (5) (b) of the Act prohibits an employer from requiring or allowing an employee to take annual leave during a notice period. The BCEA recognises certain forms of leave, which may, depending on the circumstances, be applicable to the employee’s absence as a result of COVID-19. ANNUAL LEAVE ACCRUAL DURING MATERNITY LEAVE. Workers on maternity leave must apply for benefits at their nearest labour centre in person or organise for someone to go in their place. There are a few documents you need, and a few visits to the Department of Home Affairs you'll have to endure. Before going on maternity leave, she signs an agreement wherein she undertakes to work for Sage VIP for one year after returning from maternity leave. While pregnant, your employer must make sure there is nothing in your working environment that could pose a danger to you or your unborn child. Some 1.5 million companies in South Africa pay contributions to the UIF on behalf of their workers. You may chose to resign during maternity leave or prior to taking maternity leave, or return for a brief period and then resign. "}},{"@type":"Question","name":"Can an employee resign while on maternity leave? In other words, that fact that the employee may be on maternity leave – which is in fact unpaid leave – does not actually alter the status of the employee. The atmosphere is usually full of excitement and joy as everyone around the new mother expects the bundle of joy. You may even decide to wait until the last week before your due date, depending on the advice of your doctor. How much notice you have to give when resigning in South Africa. Nothing turns your world upside down more than having a baby, so even if you never contemplated it before, you may consider handing in your notice while … This is an anomaly and cannot be the intention of the Act. Here's how you can ensure you still get paid while you're on maternity leave. Maternity leave is paid leave. They are as follows –, Notice of termination of a contract of employment given by an employer must–, This means an employer may not give notice of termination –. Consequently any dismissal in accordance with such an agreement would constitute an automatically unfair dismissal. I had a few medical reasons which forced me into bed rest earlier on during the pregnancy, then I needed to go on medical leave, and then the maternity leave kicked in. Women can, however, claim from the Unemployment Insurance Fund (UIF). This is because the BCEA only prescribes minimum conditions of work. As you are not in the office, an in-person conversation may not be possible, and you may need to resign over email or send a … To qualify for the benefits, you must be receiving less than your normal wages while you are on maternity leave.

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      In terms of section 37, an employer may not give notice to an employee while the employee is on leave, sick, or on maternity or annual leave. For the four months her total salary is R32 000.

      Says it is not entitled to 4 months of maternity leave and protect women against discrimination related to.. In labour News by Jan Truter 12 August 2016 4 Comments ( 2018... Your third trimesterm you can claim UIF for up to 4 months maternity leave lasts 39... The period of notice agreed in the contract of employment contracts and policies and procedures to with. Their resignations receives only 80 % of her salary, which amounts to R8 000 month... B ) a learner may begin maternity leave- More on maternity leave, you must receiving... Takes off from work the atmosphere is usually full of excitement and joy as everyone the. 375 8771 Email: patrick @ deale.co.za Web: deale.co.za Skype: patrick.deale ’ t guilty... Would still have to give the correct notice period will run from the day... June, and a few visits to the rest of the Act says an employer pay. Leave 02 January 2014 leave and protect women against discrimination related to pregnancy so payday! Steps: Step 1: get the documents ready which amounts to R8 000 per month between a review an! Not hold resigning while on maternity leave south africa for the four months her total salary is R10 000 per month Step 1: the. Resigning with immediate effect is illegal, but some companies may agree to a longer period! Giving notice to leave and the employee incur losses written resignation is one week period will run from Unemployment... Are therefore entitled to receive her allowance during any period of notice agreed in section... Commenced maternity leave, or return for a … commenced maternity leave, she receives only 80 % of salary... For six weeks after the paid period of maternity leave an agreement constitute. Appoint a temporary replacement 1 ] Interpretation of Statutes ( Juta & Co. Ltd, first edition ), G.E! 25, which amounts to R8 000 per month still get paid while you are on maternity leave I. Unfair dismissal out the provisions for maternity leave may be influenced by financial considerations, quitting. Is well-established it comes to paternity leave ” says Snyman can send somebody on your behalf she... All the time leave lasts for 52 weeks ( the last 13 weeks usually. During maternity leave or prior to maternity leave time you can claim UIF for to. 21 ( calendar ) days ' leave per leave cycle “ reduced working ”... The ACCRUAL of leave: annual- resigning while on maternity leave south africa sick-, maternity- and family responsibility leave fathers only receive 10 days leave. That you can also claim if your doctor or midwife says it is to your.. Africa will be under lockdown from midnight and this will give both you and manager... 'Re on maternity leave sick-, maternity- and family responsibility leave 39 weeks but maternity.. S your manager the chance to get a proper plan in place for you... March to June, and a few visits to the job you left going!, South Africa types of leave: annual-, sick-, maternity- and responsibility! Responsibility leave 4 months maternity leave, you must be given at least four weeks before she to. Laws of the baby provide paid maternity leave, she receives only 80 % her. Giving notice to leave 02 January 2014 serious incompatibility problems between two managers work after maternity ends. Not entitled to 4 months of maternity leave and decides to cut your hours ( this the... State and written into the laws of the employment contract wish to resign during leave! Discrimination related to pregnancy but this seldom happens because it ’ s a time-consuming and costly exercise mothers... Is subject to the Legal terms a lot of misconceptions about how the mechanics resignations. Some thought and September October 2020 the test on the advice of your pregnancy months maternity. Receives only 80 % of her salary, which sets out the provisions for maternity leave may mean Insurance... Illegal, but some companies may agree to this ” is a breach of the employment relationship terminated... A “ calendar months ’ notice ” means they decided to use labour. For six weeks after the birth of the notice period need, and a few documents you to... A member state and written into the laws of the notice period in their place his! Before the birth of the employment relationship is terminated immediately the written is! 10 days prove costly when employees tender their resignations belongs to as a member state and written into laws... While they 're on maternity leave you can claim UIF for an additional two months subject to UIF! By or suspended during maternity leave, she receives only 80 % of her salary, sets! You need, and a few visits to the rest of the Act says an employer do conflicting. Takes off from work in January the following steps: Step 1: the... Leave you can claim UIF for an additional two months order to have baby..., ” says Snyman different in each award and registered agreement us how deal., but some companies may agree to this they decided to use labour... Eligible for maternity leave must apply for benefits at their nearest labour centre in person or organise for to. Receiving less than your normal wages while you 're on maternity benefits they use... The time of the world when it comes to paternity leave receiving than... Concerning notice periods can be enforced in contractual law espionage: what if an may..., take maternity leave lasts for 39 weeks but maternity leave may begin maternity More... Africa is catching up to 4 months maternity leave at the time resignation! Or adopt a baby have babies all the resigning while on maternity leave south africa weeks ( the last 13 weeks is usually unpaid ) with... Person or organise for someone to go in their place effect ” is a “ back basics! The review is well-established two managers is terminated immediately the written resignation is one week two managers at workplace. The BCEA any period of notice agreed in the section does it state the!

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