UCT’s staff leave policy includes guidelines for parental leave, formerly known as ‘maternity leave’. This policy addresses both parents of babies and is not limited to birth mothers.
Permanent and T2 staff members at UCT are entitled to 4 months' full pay parental leave for the birth mother (keeping the child) or primary adoptive parent. Alternatively, a permanent or T2 staff member is entitled to five days full pay parenting partner leave if he or she is the legal guardian in either a case of adoption or birth.
Parental leave can be shared if both partners are employed at UCT as T2 or permanent staff members. They must declare via affidavit that they are taking parental leave for the same child(ren) and must submit the leave applications together.
The leave entitlement (parental or adoption, plus parenting partner leave) may be shared between the two parents (taking into account legislative requirements) and may overlap or run concurrently.
The UCT Leave policy specifies guidelines for parental leave as follows:
Parental leave (incorporates both previous categories of maternity and paternity leave)
5.1. Guiding principles
5.1.1. UCT's parental leave policy is structured to be as inclusive of as many family arrangements as possible.
5.1.2. Where both parents are UCT staff, they are given the flexibility to decide how the parental leave entitlement will be shared between them, see Section 5.2.6.
5.2. Entitlement
5.2.1. A permanent or T2 staff member is entitled to four months' full pay parental leave if he or she is giving birth and keeping the child, or is the primary adoptive parent (formerly maternity leave).
5.2.2. Alternatively, a permanent or T2 staff member is entitled to five days full pay parenting partner leave if he or she is the legal guardian in either a case of adoption or birth (formerly paternity leave).
5.2.3. A birth mother or primary adoptive parent on a T1 contract is entitled to four months unpaid parental leave.
5.2.4. Ad hoc and paid-on-claim staff are not entitled to paid or unpaid parental leave. If the pregnancy and birth fall within the period of the ad hoc contract, the contract staff member and line manager should re-negotiate the contract.
5.2.5. Any additional time off required for medical reasons must meet the requirements for incapacity (see 4.1.1), be supported by a valid medical certificate and be taken as sick leave.
5.2.6. Where both parents are UCT staff members:
- they must declare via affidavit that they are taking parental leave for the same child(ren), and must submit their leave applications together;
- the leave entitlement (parental or adoption, plus parenting partner leave) may be shared between the two parents, taking into account the legislative requirements in clause 5.3; and
- leave periods of a shared leave entitlement may overlap or run concurrently.
5.3. Legislative requirements
5.3.1. A pregnant staff member who is entitled to parental leave as per section 5.2 may commence parental leave:
- any time from four weeks before the expected date of birth, unless otherwise agreed between the staff member and her Head of Department;
- on a date from which a medical practitioner or midwife certifies that it is necessary for the health of the staff member or her unborn child.
5.3.2. In compliance with the Basic Conditions of Employment Act, a staff member may not work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.
5.4. Adoption
5.4.1. Where a staff member gives up her baby for adoption, parental leave will end no later than six weeks after the birth of the child.
5.4.2. Where a permanent or T2 staff member adopts a child (under one year of age), he or she is entitled to four months paid parental leave if the primary adoptive parent. This may be shared, as per Section 5.2.6, if both adoptive parents work at UCT.
5.4.3. Where a permanent or T2 staff member adopts an older child, she or he may apply via their line manager to the Executive Director: Human Resources for parental leave.
5.4.4. Each case is considered on its merits, and the amount of parental leave granted depends on the circumstances of each case (to the maximum of four months paid parental leave if the primary adoptive parent).
5.5. Application
5.5.1. The staff member must notify his or her line manager in writing of the date on which he or she intends to commence parental leave and return to work afterwards, using the SAP HR Employee Self-Service page on the HR website.
5.5.2. Such notification must be given four weeks before the staff member intends to commence parental leave, or as soon as possible thereafter.
5.5.3. Supporting documentation may be required either before or after the birth/adoption from the birth parent and/or non-birth parent in the form of a marriage certificate, declaration or affidavit, birth registration papers or adoption papers.
5.6. Miscarriage
5.6.1. A staff member who has a miscarriage during the third trimester of pregnancy or bears a still-born child is entitled to parental leave for six weeks regardless of whether or not she had commenced parental leave at the time. Should the staff member require additional time off work for either medical or compassionate reasons, application can be made for sick leave or family responsibility leave. A certificate from a registered medical practitioner is required.
5.6.2. Should the miscarriage occur prior to the third trimester, sick leave must be used. See: Sick leave.
5.7. Additional leave
5.7.1. Where requested, additional leave must be granted immediately following a period of parental leave as follows:
- a birth mother or primary adoptive parent will be granted unpaid leave or annual leave, or a combination of annual and unpaid leave until the child is six months old. See: Unpaid leave.
- a parenting partner will be granted an additional five working days of leave, either as part of his or her annual leave or as unpaid leave.
5.7.2. Additional unpaid leave for an adoption would be part of the negotiated leave amount as per 5.4.4.
5.8. Flexible working hours
5.8.1. Parents are entitled to request flexible working hours for a period of up to six months after returning to work. While this may not be possible in all cases, the request will receive due consideration and will not be unreasonably withheld.
5.8.2. Time worked in a flexible capacity may not be less than twenty hours per week.
5.8.3. Payment will be pro-rated on the basis of hours worked in the month. A new COE (Cost of Employment) schedule must be signed, indicating how the staff member wishes to structure his or her COE.
5.9. Health, safety and welfare of pregnant and breastfeeding mothers
5.9.1. Time off work is granted for pregnant staff members to visit routine antenatal clinics once a month during the term of pregnancy, subject to:
- only the necessary time being taken and return to work after the appointment if this is before the end of the working day;
- submission of a medical certificate confirming pregnancy;
- authorisation for such leave of absence being obtained 24 hours in advance (where possible); and
- proof of attendance being subsequently furnished by the staff member.
5.9.2. A pregnant staff member, or one who is nursing a child, will not be engaged in work that would be hazardous to her health or the health of the child. During the staff member's pregnancy, and for up to six months after the birth of the child, UCT will provide suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, provided that it is practicable to do so.
5.9.3. There shall be reasonable accommodation for breastfeeding mothers with regard to work schedules and facilities for a period of at least 12 months from the date of birth.
5.10. Return to work
5.10.1. On his or her return to work, the staff member's COE will be at least at the same level as it had been when he or she went on parental leave.
5.10.2. If the COE of other staff in his or her department has been reviewed during the period of parental leave, the Head of Department will review and, if appropriate, adjust the staff member’s COE when he or she returns to work.