Not knowing your maternity leave obligations to learners in your learnership programme could land you at the CCMA

Simangele Mzizi, Fsp Business, 05 Jan. 2015

Tags: maternity leave, leave, maternity leave entitlement, maternity leave entitlement for learners in learnership programme


You know about your maternity leave duties when it comes to your permanent employees.

But what about learners in your learnership programme?

It’s important you know your duties towards them as well. If you don’t and break the law, they won’t hesitate to take you to the CCMA for unfair labour practice.

Since that’s a risk you can’t afford to take, keep reading to find out about your maternity leave obligations when it comes to learners in your learnership programme.



******* Product endorsement ********
 
Get more than just answers to your burning maternity leave questions...

Your Maternity Leave Solution is an easy-to-use, electronic report brought to you by the team of experts behind The Practical Guide to Human Resources and Labour Law for Managers.

With Your Maternity Leave Solution you’ll not only get 33 legally compliant answers to your burning maternity leave questions, you’ll also get:

  • A sample maternity leave policy you can customise to suit your business;
  • A sample of the Acknowledgement of Maternity Pay Notice;
  • A sample Breastfeeding Policy;
  • All the relevant UIF forms you need to fill in for your employee;
  • And much more…

With all this at your disposal, you can rest assured Your Maternity Leave Solution will solve all your maternity leave headache. Get yours now…

**************************************
 

Here are your maternity leave obligations when it comes to learners in your learnership programme

 
1. Learners in your learnership programme have the same maternity leave rights as your permanent employees. You have a legal duty to give them four months’ maternity leave.
 
2. You must keep your learner’s position open while she’s on maternity leave. You can’t tell her she doesn’t have a job when she returns.
 
The BCEA makes it clear that you can’t discriminate against or dismiss any employee because she’s pregnant.

3. You must protect the health of your pregnant learner and her child.
 
You must follow the doctor’s directions on how long your employee can work, her physical limitations and necessary time off during the pregnancy, says the Practical Guide to Human Resources Management.
 
You must also make sure she doesn’t do any work that could harm her health and that of her child.
 
What about payments?
 

Maternity leave is unpaid

 
The same applies when it comes to your learner. She isn’t entitled to receive her allowance during any period of maternity leave she takes.
 
Now that you know your maternity leave obligations to learners in your learnership programme, comply to avoid landing up at the CCMA.
 
PS: For more information on maternity leave, check out Your Maternity Leave Solution.
 

Related articles:


Latest:

Comments
0 comments



 
 


RSS Facebook Share the experience
Labour and HR Club
Topics
  • CCMA
  • Discipline
  • Dismissals
  • Employment Equity
  • Employment terms and conditions
  • Foreigners
  • Laws / Acts / DoL
  • Leave
  • Performance management
  • Policies and procedures
  • Recruitment
  • Trade unions
TOP ANSWERS 2018
I need to know if consecutive leave days include public holidays? Should I be forfeiting leave days if they fall over...[read more]
Published at 13 Dec. 2017 1 answer
A staff member asked to take leave for three weeks in 6 months time to visit his elderly mother in Australia. This was...[read more]
Published at 26 Jan. 2018 1 answer
Hi, I work 5 hours a day (8am to 1pm). Am I entitled to any sort of break?[read more]
Published at 16 Jan. 2018 1 answer
Good morning, Kindly confirm if the below constitute for family responsibility leave please. I fell ill two days...[read more]
Published at 08 Jan. 2018 1 answer
HOW MANY DAYS MATERNITY LEAVE MAY BE APPROVED FOR A TEMPORARY EMPLOYEE?[read more]
Published at 18 Dec. 2017 1 answer
My domestic worker told me she is pregnant, she will be working for me for about 2 years now and we have not registered...[read more]
Published at 06 Feb. 2018 1 answer
Video Archive Video club
Your library of Free eReports
View full library