The Protection of My Employees Before and After Childbirth

Employees who are pregnant, or who was given birth should be protected and the BCEA makes certain provisions that all Employer’s should abide by.

The first provision is that an Employee who is nursing may not be permitted, or required to perform work that is, or may be hazardous to her health, or the health of her child.

During the period that the Employee is pregnant and for a period of six months after the birth of her child, an Employee must be offered alternative employment on the same terms and conditions that are not less favourable than before she fell pregnant in certain circumstances.

These circumstances may include but are not limited to, if the Employee works night work, as defined in section 17(1); if the carrying out of her duties poses any risk to the health and/or safety of herself and/ or that of her child; or if is practicable for the Employer to do so.

This article aims to provide general information and does not constitute legal advice. For more information contact 021 919 6418 OR erin@joblaw.co.za

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