Sadly, some pregnancies end in miscarriages or stillbirths. Employers are often confused about how to assist employees who suffer a miscarriage and are unsure what leave these employees would be entitled to.
The Basic Conditions of Employment Act Section 25 deals with Maternity leave and stipulates as follows:
An employee is entitled to at least four consecutive months’ maternity leave, normally unpaid and claimed from UIF, unless there is an agreement for paid leave in place. They may commence this leave four weeks before the expected date of birth unless otherwise agreed or on a date from which a medical practitioner or midwife certifies that it is necessary for the employee’s health or that of her unborn child. The section further states that no employee may work for six weeks after the birth of her child unless a medical practitioner or midwife certifies that they are fit to do so.
Regarding those employees who may suffer a miscarriage, the section has the following provision:
An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.
The above should indicate that the legislator had both the physical and mental well-being of employees in mind when drafting this provision.
However, what happens in the cases where an employee suffers a miscarriage during their 1st or 2nd trimester? Surely, this is still a traumatic experience.
In these cases, the standard provisions of Sick Leave would apply. These employees should seek medical advice so that a professional recommendation can be made regarding the employee’s ability to resume work. It is important to remember that employees grieve at different paces. It would be recommended to monitor these employees so that they can be referred for the necessary assistance should it be required at a later stage.
About The Author:
Carla Meiring started her career at SEESA in 2017. She is currently a Labour Legal Advisor at the SEESA Durban branch. She obtained her B.Com Law and LLB degrees from the University of the Free State. She practised as an Attorney and worked as a general Legal Advisor before joining SEESA.
Resources:
- Basic Conditions of Employment Act 75 of 1997 (as amended).