Job Protection
No Harmful Work
The BCEA prohibits the employment of pregnant workers or those nursing their children in work that is hazardous to their health or the health of their children. During the pregnancy and for the six months after the birth of child, an employer must offer a worker suitable alternative employment on terms and conditions that are not less favourable than her original terms and conditions in case if the employee is performing night work or her work poses a danger to her health and safety or to that of her child and when it is practicable for the employer to provide such reasonable accommodation.
Source: §26 of the Basic Conditions of Employment Act, 1997 (last amended in 2020); Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of a Child
Protection from Dismissals
It is unfair for an employer to dismiss a female worker due to her pregnancy or maternity leave. Laws consider dismissal of a worker on account of her pregnancy, intended pregnancy, or other reasons related to her pregnancy, as automatically unfair.
Source: §185-187 of the Labour Relations Act No. 66 of 1995 (last amended in 2018)
Right to Return to Same Position
According to the Labour Relations Act, a female worker has the right to return to the same job/position and resume her employment on the same terms and conditions after availing her maternity leave.
The Law considers it unfair dismissal if an employer does not allow a worker to resume work after availing herself of maternity leave.
Source: §186 of the Labour Relations Act No. 66 of 1995 (last amended in 2020)
