The measures regarding the granting and utilisation of maternity and adoption leave are as follows:
| 1.1 |
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An educator is entitled to four consecutive months (which includes public and school holidays) maternity leave on full pay to commence at least 14 days prior to the expected date of birth but not later than the actual date of birth in a case of a premature confinement. |
| 1.2 |
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Maternity leave is a basic right and may not be refused. |
| 1.3 |
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Application for maternity leave must be made at least 3 months prior to the expected date of the birth as stated by the medical practitioner in order to enable the arrangement of a substitute. |
| 1.4 |
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The educator must report for duty on the corresponding day 4 months later, for example if the period of maternity leave is 15 June to 14 October, the educator reports for duty on 15 October, or on the first working day thereafter if such a day is not a normal working day.
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| 1.5 |
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Maternity leave may be extended upon application by one or more of the following: |
| 1.5.1 |
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the granting of sick leave as a result of a medical complication. |
| 1.5.2 |
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the granting of up to 184 consecutive (calendar) days’ unpaid leave; and |
| 1.5.3 |
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the granting of annual leave / accrued leave, if applicable. |
| 1.6 |
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An educator who experiences a miscarriage, still birth or termination of pregnancy
after starting paid maternity leave:
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| 1.6.1 |
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shall be entitled to 6 weeks’ paid maternity leave; and |
| 1.6.2 |
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thereafter she may utilise sick leave in the event of a medical complication (e.g. miscarriage, still birth or termination of pregnancy). |
| 1.7 |
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For at least six weeks after giving birth, no educator may commence with normal official duty unless the attending medical practitioner certifies that the educator is fit to do so. |
| 1.8 |
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Where it is practically feasible and subject to paragraph 1.7 the Western Cape Education Department (WCED) may allow the educator to interrupt her maternity leave. For example, if an educator has utilised 2 months of maternity leave and her child is hospitalised for a period of at least one month, she may convert this period of the childs’ hospitalisation to annual / accrued leave or return to school. The remainder of the maternity leave may be utilised after the child is discharged from hospital. |
| 2.1 |
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An educator who adopts a child younger than two years shall qualify for adoption leave to a maximum of 45 working days. Thereafter the provisions of 1.5.2 and 1.5.3 shall apply. |
| 2.2 |
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If both parents or life partners are employed in the Public Service (including educators), both partners will qualify for adoption leave provided that the combined leave taken does not exceed the 45 working days in 2.1 above. For example if one spouse / life partner takes 45 days of adoption leave, the other spouse / life partner will not qualify for adoption leave. In the case where the spouse / life partner takes 20 days the wife / life partner will qualify for 25 days. The leave may be taken simultaneously or separately. |
| 2.3 |
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Documentary evidence that the adoption has been approved and indeed took / will take place, must be submitted together with the leave form. |
| 3.1 |
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Please bring the contents of this circular to the attention of all educators in your
institution / office / directorate, including those on leave, and have them sign and date it. Principals must ensure that a copy of this circular is given to the chairperson of the School Governing Body for information. |
| 3.2 |
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You are kindly requested to place a copy of this circular together with copies of the
other circulars on leave in a separate file / cover for future use / reference
purposes. |
SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2003:03:06
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