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Labour Protect Advice Forum -> Labour Protect Advice Forum -> Emergency caesarean, does it fall under sick leave?
Post Info TOPIC: Emergency caesarean, does it fall under sick leave?
Anonymous

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Emergency caesarean, does it fall under sick leave?
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I was due to have my baby on May 27, but had to undergo an emergency c section on 7 May due to IUGR. my employer is aware that I wanted to go on maternity leave toward the end of may, as I was comfortable to work until my baby was born. can I be paid whilst at home recovering from my procedure? Does this fall under sick leave? I have a medical certificate from my obstetrician but he did not fill in the dates of my recovery time. Please advise? Surely this does not fall under maternity leave as it was not plannEd? Does my employer have to pay me And does it fall under sick leave?I want to take maternity leave as well, but its going to be unpaid as this is the company's policy. Thanks



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Labour Protect

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Dear Anonymous

An employee is entitled to at least 4 months maternity leave. An employee must notify the employer, unless the employee is unable to do so, as to the duration and the date on which the employee intends taking leave and when she intends to return. Many employment contracts and collective agreements provide for full pay however the Basic Conditions of Employment Act only provides that maternity benefits will be prescribed by the Minister of Labour.

Therefore in your case, since it was an emergency Caesarean you could not have been expected to foresee the need to be adsent from work. Therefore any time that you take off will fall under maternity leave as this leave includes time after the birth of the child. You may be able to contest the employers position that maternity leave will be unpaid as this violates the BCEA mentioned above.

It is however doubtful that you will be able to take time off after the birth of the child in order to recover and have it fall under sick leave instead of maternity leave.

Regards

Labour Protect



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