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.

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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.

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