Section 19Part 3 — LEAVE
Maternity leave: childbirth
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A female employee who becomes pregnant and who, at the expected date of delivery, will have been employed by the same employer for at least twelve months or who last gave birth at least twelve months before that date and while working with the same employer is entitled to twelve calendar weeks' maternity leave.
Where a female employee becomes pregnant but has not completed the relevant period of twelve months referred to in subsection (1), she is still entitled to maternity leave but that leave and pay shall be calculated on a pro-rata basis in relation to the period of twelve weeks but the scale of paid, partly paid and unpaid leave shall be applied in the same way as it applies where full maternity leave is granted even if that means that all her maternity leave days will be paid or partly paid.
An employee entitled to maternity leave under subsection (1) is entitled to receive and the employer shall pay —
for the first twenty working days, the basic pay;
for the next twenty working days, one-half of the basic pay;
for the rest of the maternity leave, no pay.
A female employee who, at the expected date of delivery, will have been employed for at least twenty-four months or who last gave birth at least twenty-four months before that date and while working with the same employer is also entitled to twelve calendar weeks' maternity leave but remuneration for that leave shall be governed by subsection (5).
An employee entitled to maternity leave under subsection (4) is entitled to receive and the employer shall pay —
for the first forty working days, the basic wage; and
for the rest of the maternity leave, no pay.
A female employee may take maternity leave in such a way that it covers periods before and after actual childbirth and in negotiating with the employer how leave is to be taken, the employee may of her own volition obtain and furnish the employer with a physician's certificate to the effect that she is unable to work or that working would be damaging to her health or the health of the child, and an employer may, at any time during an employee's pregnancy, require her to be examined by a physician with a view to determining the same.
Maternity leave that is unused will not accrue and is not remunerable.