MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

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MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby christmas » 28 Apr 2009, 11:18

To Whom It May Concern,

I was wandering if you could help me with two aspects.

The first one is:
I am due to go on maternity leave next month - May 2009.
I was wandering if my boyfriend was entitled to any leave during this time?
He hasn't signed a contract where he works and I was just wandering what rights he has to any leave?

The second aspect is:
He has been working for this company for 6 months.
When is he entitled to sign a contract?

I look forward to hearing from you.

Yours faithfully,
Yvz
christmas
 
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Re: MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby Admin » 28 Apr 2009, 12:07

Dear Yvz,

Your boyfriend had absolutely no entitlement whatsoever to any leave in terms of your pregnancy.

The Employment Contract, in terms of section 29 of the Basic Conditions of Employment Act, should be signed not later than the first day of employment.

If there is no other contract or agreement in force, then it is construed that his contract consists of the Basic Conditions of Employment Act, the Labour Relations Act, and any other legislation regulating employment.

Regards,

Derek
Admin
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Re: MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby vanessag » 04 May 2009, 09:49

Hi,

When I went on Maternity Leave my boyfriend got three days paternity leave once baby was born.

Hope this helps

Thanks

Vanessa
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Re: MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby Andrec » 04 May 2009, 16:28

Yes, he will qualify for family responsibility leave in terms of section 27 of the BCEA, when his child is born.
André
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http://www.labourguide.co.za
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Re: MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby DenniseL » 21 May 2009, 09:40

What is the legal amount of family responsibility leave/paternity leave due to a father. One of the men at work girlfriend is having their baby and he said that he can take two weeks paternity leave. Is this correct?
DenniseL
 
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Re: MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby wmburger » 21 May 2009, 10:01

The Basic conditions of employment in section 27 states that one have 3 days.
Wil-Mari
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Wil-Mari Burger Attorneys
The SA Labour Guide Team
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Re: MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby DenniseL » 21 May 2009, 10:58

wmburger wrote:The Basic conditions of employment in section 27 states that one have 3 days.

Apparently there was a minister on the radio stating it is impossible for a father to get to know his child withing three days and should get two weeks paternity leave. Do you have any knowledge of this?
DenniseL
 
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Re: MATERNITY LEAVE AND EMPLOYMENT CONTRACTS

Unread postby wmburger » 21 May 2009, 13:37

The act states 3 days. Until this is not amended, we must apply the act.
Wil-Mari
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The SA Labour Guide Team
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