VN August 2023

Augustus 2023 29 Aspects of pregnancy that can affect a pregnant employee and which employers should be aware of and accommodate are: - Morning sickness and the ability that this may have on some employees to work early shifts. It may also be exacerbated by nauseating smells. - Backache and varicose veins may result from or get worse in jobs that require long periods of standing or sitting. - The increased size of the employee may require new protective clothing. It can also affect her ability to move quickly in certain situations and where this can be a risk, it must be addressed. - Aneed formore frequent toilet visitsmay affect the employee’s ability to perform a job that requires undivided attention such as monitoring a critically ill patient in ICU. - The employee’s balance may be affected which can affect working on uneven or slippery surfaces or handling of certain animal patients. - Lastly, increased tiredness may affect her ability to work overtime or after hours. MATERNITY LEAVE Pregnant women are often uncertain about the maternity leave benefits that they have. The BCEA sets the minimum standers. It stipulates that pregnant employees are entitled to four consecutive months of maternity leave. However, this is not paid leave but employees on maternity leave are entitled to compensation under the Unemployment Insurance Fund (UIF) from the Department of Labour. It does not preclude employers from also giving maternity leave benefits, but they are not obliged to pay employees on maternity leave. A pregnant employee’s job is protected. A woman may not be dismissed based on the fact that she is pregnant or intends to get pregnant. Dismissal of an employee based on her pregnancy or maternity leave is automatically unfair dismissal. Upon return from maternity leave an employee is entitled to resume her work in the same position she had before. Maternity leave starts from four weeks before the expected date of delivery, or earlier if the medical doctor or midwife determines that it is necessary. A woman may not return to work within six weeks after the delivery of the baby unless her medical doctor or midwife certifies that she is fit to return to work. A pregnant employee should notify her employer of the intended maternity leave at least four weeks before the starting date. This requirement is waived if there are unforeseen circumstances. FINAL THOUGHTS South African law provides significant protection for pregnant employees. Employers and employees are obliged to adhere to these legal requirements. However, this does not ensure that good relationships are maintained. Employers are sometimes placed under tremendous strain to deal with the requirements of pregnant employees while it may be difficult for them to find temporary replacements. Accommodating pregnant employees may place a burden on other employees. Good workplace policies and employment contracts that supplement the legal requirements and clarify the duties and obligations of all the role players will ensure that there are no unrealistic expectations or surprises. Proper and timeous communication between the employer and employee is essential to maintain a good working relationship in these circumstances. If you have any questions in this regard, please feel free to contact me at trudie@legalvetservices.co.za v Legal Mews