LEGAL MATTERS BY SILKE RATHBONE, PRINCIPAL PARTNER, LABOUREXCEL
Don’t take away the
Marvel of Maternity Leave 4 months of unpaid leave can be daunting. Here’s what you need to know…
F
alling pregnant is, for many women, one of the most joyous times of their lives. The idea of a mini-me growing inside you is a marvel, and that the little peanut will soon be joining you in your world is an amazing feeling. However, knowing that you will need to take up to 4 months of unpaid leave whilst you get to know your new bundle of joy can be disheartening and, of course, worrying. The Laws around Motherhood The tenacious lament of many mothers in South Africa does not seem to alter the fact that the government will not give us any leeway. Mothers are grouped
in the same boat as all the unemployed people who also will be claiming from UIF and receiving only between 38 - 58% (capped amount of R12 478.00) of their income for the duration of their maternity leave.
Unions play a vital role in challenging gender discrimination By now, you would think that the Department would have come up with another solution – perhaps they should consider insisting that females pay slightly more towards UIF each month in lieu of them falling pregnant. This allows them
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to claim 100% or as close as possible to 100% when they take their 4 months unpaid leave. The problem there is that sadly many women, even though it probably would only be a percent or two more each month, will fight against this, arguing that they may never fall pregnant, so why should they contribute more. Fair enough, I suppose. The Right to Choice Another solution, in my mind, is that the Department give women a choice, when they start to work, on whether they want to contribute more and a record is kept at the Department that this person has contributed more and therefore is due more
