How can you practically empower yourself, or the women and children you know, during this year’s 16 days of Activism? The Mail & Guardian‘s “HOW TO” guide will tackle a different area each day, including suing for maintenance, applying for a social grant and getting an interdict against an abusive partner.
How to know your rights as a women in the workplace
What are your rights as a woman in the work place? We look at maternity and family responsibility leave.
Family responsibility leave
Reasons for leave You may take family responsibility leave:
- When your child is born
- when your child is sick
- in the event of the death of your spouse or life partner, parent, grandparent, child, grandchild, sibling
Employers may require reasonable proof of the birth, illness or death for which a worker requests leave.
Number of leave days
Full time workers may take three days of paid family responsibility leave during each annual leave cycle (12 month periods from date of employment).
Family responsibility leave expires at the end of the annual cycle.
Workers excluded from family responsibility leave
The provisions for family responsibility leave do not apply to workers who work less than:
- Four months for their employer
- Four days a week for one employer
- 24 hours a month, or to
- leave over and above that provided for by the Act.
Maternity leave
Pregnant women must go to the nearest labour centre themselves and hand in the documents, but if they are unwell, someone else can go in their place. Staff at the labour centre will assist them and give them more information.
Pregnant women are entitled to at least four consecutive months of maternity leave. Women may take maternity leave one month before their due date, or earlier or later as agreed or required for health reasons.
Women may not go back to work within six weeks after the birth unless their doctor or midwife say it is safe. A woman who is pregnant or nursing may not do work that is unsafe for her or her child.
Maternity benefits
Women on maternity leave have the right to claim from the Unemployment Insurance Fund. You must apply and will be paid at the labour centre of their choice.
The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, except those who work less than 24 hours a month, pupils, public servants, foreigners working on a contract, people who get a monthly state pension as well as workers who only earn commission.
Claiming Maternity Benefits
Step 1: Get the documents ready. You will need:
- 13-digit bar-coded ID or passport
- Form UI-2.8 for banking details. Download it here.
- Form UI-2.7 — remuneration Received By The Employee Whilst Still In Employment. Download it here.
- Form UI-2.3 — the application form. Download it here.
- Medical certificate from a doctor or birth certificate of the baby; and
- Form UI-4 — the follow-up form. Download it here.
Step 2: Go to the nearest labour centre
Pregnant women must go to the nearest labour centre themselves and hand in the documents, but if they are unwell, someone else can go in their place. Staff at the labour centre will assist them and give them more information.
Step 3: Follow all the instructions of the staff at the labour centre
Staff at the labour centre may ask pregnant women to go to the doctor again or to visit the labour centre at certain times. Follow their instructions, or you may not be able to claim.
Claiming unemployment insurance
You cannot claim if you get benefits from:
- the Compensation Fund for an occupational injury or disease; or
- any other unemployment fund; or
- have been suspended from claiming because of fraud.
You can claim if you are on maternity leave.
When must I claim?
Women must apply at least eight weeks before their child is born and can claim for 17 weeks. Women who miscarry in the third trimester or have a stillborn child can claim for six weeks.
The above information is courtesy of the Department of Labour.