Dear Reader

Welcome to your Thursday Labour Bulletin.

There’s great excitement in my family at the moment…my sister is pregnant! Now, I’m well aware this isn’t as exciting for you as it is for me. But I was chatting to her about her leave benefits and they seem pretty good, so it did make me think that I should clarify a few points on maternity leave.

We got on to the topic of adoption, and wondered whether you have to give maternity leave to an employee who’s adopted a baby. I couldn’t remember the answer, but I found a subscriber question that asks just that…

Let’s see what the Labour Law experts had to say.

Must you grant maternity leave for adoption?

Question

One of our employees is in the process of adopting a baby.  The baby is due in six months. Our employee has requested maternity leave when the baby is born. Do we have to grant this leave?

Answer

Statutory maternity leave isn’t available in cases where an employee adopts a child.  It’s up to you whether or not you want to grant such maternity leave.

However, you might face a claim for unfair discrimination if you don’t because the adopting mother will have the same family responsibility requirements a normal birth mother would. 

Note that the maternity benefits provided for in unemployment legislation apply equally to adopting mothers.

Make sure your leave policy is clear

Your employees are entitled to a certain amount of leave – including maternity leave – and you can’t deny them this right. In terms of maternity leave, a mother can take four months leave, but it’s up to you whether or not you pay her.

For more information on whether you need to pay an employee while on maternity leave, click here.

If you are wondering what to do with her job while an employee is on maternity leave, click here to find out if you have to keep the employeeʼs job open for her while she is on maternity leave.

It’s worth your while to know exactly what types and how much leave you must give your employees. I suggest you double-check you’re in line with the law…your Labour Law for Managers will clarify it…and if you’re not a subscriber, look here before you get caught out.

Oh, and don’t forget to keep the correct forms and contracts, so that your policies and procedures are never questioned by the Labour Court or the CCMA…

Until next time…

Sarah-Jane Bosch
Managing Editor

P.S. Four months is a long time to be away from work. When your employee gets back from maternity leave, you might have to manage her return so she gets back into the swing of things quickly. For more information on managing and motivating staff, click here.

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