1 Van Buuren Road, cnr Geldenhuis Road and Van Dort Street, Bedfordview, 2008 | PO Box 1719, Edenvale, 1610, South Africa T: 27 (10) 493 4335 F: 27 (10) 596 6160 | www.motuscorp.co.za
Motus Holdings Limited Reg. No. 1969/002321/07
Document No 2 Effective Date 1 January 2019
Document Type Revision Date
Status FINAL Policy Owner M Seroke
Policy Cluster Sub-cluster
Approved by Motus Executive Committee
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Contents
1. PURPOSE ... 3
2. APPLICATION ... 3
3. DEFINITIONS ... 3
4. QUALIFYING EMPLOYMENT PERIOD AND FREQUENCY OF MATERNITY LEAVE ... 4
5. PERIOD OF PAID ABSENCE ... 4
6. EXTENSION OF ABSENCE AFTER MATERNITY LEAVE ... 6
7. COMMENCEMENT OF MATERNITY LEAVE AND RETURN TO WORK (NOT APPLICABLE TO ADOPTION) ... 7
8. MISCARRIAGE, STILLBIRTH, ADOPTION LEAVE AND COMMISSIONING PARENTAL LEAVE ... 7
9. PATERNITY LEAVE……….……….8
10. VARIATION OF POLICY ... 9
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1.
PURPOSE
1.1 The purpose of this policy is to provide rules and guidelines to regulate the management of parental leave.
2.
APPLICATION
2.1 This policy applies to all permanent employees.
2.2 Temporary employees will be managed in terms of the Basic Conditions of Employment Act.
3.
DEFINITIONS
Non-statutory annual leave
:Any days over and above the prescribed statutory 21 days leave.
Credit Days (for purpose of UIF):
A day’s maternity leave claimable from UIF for every six calendar
day’s contribution up to a maximum of 121 days.
Medical practitioners:
Shall mean all practitioners as defined by the Health Professionals
Council of South Africa (Medical and Dental Practitioners).
Maternity Leave:
Refers to leave granted to female employees for them to prepare
for child birth, as well as care and nurture new-borns and socialise
them into the world.
Paternity leave:
Refers to leave granted to male employees following the birth of
their child.
Adoption leave:
Refers to leave granted to an adoptive parent of a child who is
below the age of two.
Commissioning Parental Leave: Refers to leave granted to an employee who is a commissioning
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4.
QUALIFYING EMPLOYMENT PERIOD AND FREQUENCY OF MATERNITY LEAVE
Temporary female employees will be managed in terms of the Basic Conditions of Employment Act and/ or the Motor Industries Bargaining Council Main Agreement (whichever is applicable).
Permanent female employees shall qualify for maternity leave from the first day of permanent employment in terms of the Basic Conditions of Employment Act and/ or the applicable Maternity Policy conditions. Permanent female employees shall be entitled to three (3) paid maternity leave confinement periods during their entire MOTUS employment tenure (applicable conditions are outlined below). This shall also apply to temporary employees who later become permanent employees i.e. three paid maternity leave confinement periods, in total.
5.
PERIOD OF PAID
ABSENCE
Eligible, permanent female employees are entitled to six (6) months consecutive maternity leave, with the limit to the number of confinements detailed above.
YEAR ONE: NO BENEFITS
During the first year of service the permanent female employee’s maternity leave shall be unpaid and shall be governed by the provisions of the Basic Conditions of Employment Act and/ or the Motor Industries Bargaining Council Main Agreement (whichever is applicable).
The female employee shall be entitled to a maximum of six (6) months maternity leave during which the company shall cover the company’s and the employee’s contributions to a company medical aid scheme, if applicable.
The company shall cover the employee’s portion of the company-sponsored Pension/ Provident Fund Group Life Cover, not the total employer/ employee Pension/ Provident Fund contributions. The employee shall embark on a Pension/ Provident Fund “holiday” break during the maternity leave confinement period. The employee shall be required to sign an Acknowledgement of Debt for the full value of the medical aid and provident/ pension fund contributions that the company shall be paying over during the maternity leave period.
The employee shall be entitled to the use of a company vehicle if the employee is entitled to such in terms of her conditions of employment. The Company reserves the right to change / swop the vehicle at any time during maternity leave. Furthermore, the employee can choose to utilise a car of a lesser value so as to reduce the perks tax liability (if applicable). The employee shall be required to pay the applicable perks tax in advance before embarking on maternity leave. No Acknowledgement of Debt may be entered into for the payment of perks tax. The employee can choose to hand back her company vehicle during her maternity confinement and will then not be liable for perks tax.
The employee shall not be entitled to a fuel allowance or fuel during maternity leave.
There will be no (average or otherwise) Commission or Incentives payable during the maternity leave confinement.
During the maternity leave period the employee can apply for UIF benefits and/ or Bargaining Council Benefits (if applicable). The employee shall be required to make her own applications for such benefits.
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BETWEEN ONE AND THREE YEARS’ SERVICE: 50% BENEFITS
Female employees who have between one (1) and three (3) years permanent service (calculated from date of permanent engagement with the company) shall qualify for six (6) months consecutive maternity leave during which the employee shall be remunerated monthly, for up to a maximum of four (4) months, at a rate of fifty (50) % of her basic monthly salary.
The employee’s and the company’s medical aid and pension/ provident fund contributions shall be deducted monthly for the first four (4) months.
Should the employee choose to take six (6) months maternity leave, months five (5) and six (6) shall be unpaid and annual leave can be used to top up earnings. The company shall cover the employee’s portion of the company-sponsored Pension/ Provident Fund Life Cover, not the total employer/ employee Pension/ Provident Fund contributions during months five (5) and six (6). The employee shall embark on a Pension/ Provident Fund “holiday” break during the maternity leave confinement period for months five (5) and six (6).
The employee shall be required to sign an Acknowledgement of Debt for the full value of the medical aid and provident/ pension fund contributions that the company shall be paying over during the maternity leave period for months five (5) and six (6).
The employee shall be entitled to the use of a company vehicle if the employee is entitled to such in terms of her conditions of employment. The Company reserves the right to change / swop the vehicle at any time during maternity leave. Furthermore, the employee can choose to utilise a car of a lesser value so as to reduce the perks tax liability, if applicable. The employee can choose to pay the applicable perks tax in advance (for months one (1) to six (6)) before embarking on maternity leave or it can be deducted from her reduced monthly basic salary during confinement for the first four (4) months. If the employee chooses to take 6 months maternity leave, the Perks Tax for months (5) and six (6) shall be payable, in advance. No Acknowledgement of Debt may be entered into for the payment of perks tax. The employee can choose to hand back her company vehicle during her maternity confinement and will then not be liable for perks tax. The employee shall not be entitled to a fuel allowance or fuel during maternity leave.
There will be no (average or otherwise) Commission or Incentives payable during the maternity leave confinement.
For employees who are entitled to claim from the MIBCO Sick, Accident and Maternity Fund, the employee will receive thirty percent (30%) payment from the Sick, Accident and Maternity Fund for a maximum period of twenty-six (26) weeks. The Company will pay the difference to ensure that the employee receives the full fifty percent (50%) of basic salary for a maximum period of four (4) months.
During the maternity leave the employee can apply for UIF benefits and/ or Bargaining Council Benefits (if applicable). The employee shall be required to make her own applications for such benefits.
Unless dismissed for operational requirements or incapacity, an employee will be required to work back the period of paid maternity leave actually taken. If the employee fails to return to work after their maternity leave has expired, or leaves the services of the Company within six (6) months after returning from maternity leave, the basic salary and benefits paid by the company during maternity leave will be recovered from any monies due to the employee. An Acknowledgement of Debt to this effect must be entered into with the employee prior to the employee going on maternity leave.
6 MORE THAN THREE YEARS’ SERVICE: FULL BENEFITS
Female employees who have more than three (3) years permanent service (calculated from date of permanent engagement with the company) shall qualify for six (6) months consecutive maternity leave during which the employee shall be remunerated monthly, for up to a maximum of four (4) months, at her normal basic monthly salary rate.
For female employees that are entitled to claim from the MIBCO Sick, Accident and Maternity Fund, the employee will receive thirty percent (30%) payment from the Sick, Accident and Maternity Fund for a maximum period of twenty-six (26) weeks. The Company will pay the difference to ensure that the employee receives the full 100 percent (100%) of her basic salary for a maximum period of four (4) months.
Whilst on the paid maternity leave, the company and the employee shall continue to contribute to the various funds that form part of the employee’s normal employment.
The employee shall be entitled to the use of a company vehicle if the employee is entitled to such in terms of her conditions of employment. The employee can choose to hand back her company vehicle during her maternity confinement and will then not be liable for perks tax. The Company reserves the right to change / swop the vehicle at any time during maternity leave. Furthermore, the employee can choose to utilise a car of a lesser value so as to reduce the perks tax liability, if applicable.
The employee shall not be entitled to a fuel allowance or fuel during maternity leave.
There will be no (average or otherwise) Commission or Incentives payable during the maternity leave confinement.
Unless dismissed for operational requirements or incapacity, an employee will be required to work back the period of paid maternity leave actually taken. If the employee fails to return to work after their maternity leave has expired, or leaves the services of the Company within six (6) months after returning from maternity leave, the basic salary and benefits paid by the company during maternity leave will be recovered from any monies due to the employee. An Acknowledgement of Debt to this effect must be entered into with the employee prior to the employee going on maternity leave.
APPLICABLE TO ALL:
Please note that the Company will be obliged to continue making deductions in terms of garnishee orders and statutory deductions which the Company is legally obliged to make during the maternity leave period. Maternity leave should be treated as unbroken service with respect to long service awards, calculation of annual bonus (if any and in accordance with the company policy on annual bonuses), leave entitlement etc. The Company undertakes to make a similar position, or a similar function on the same job grade available to the employee on return from her confinement.
6.
EXTENSION OF ABSENCE AFTER MATERNITY LEAVE
The female employee may choose to take any annual leave due to them during months five (5) and six (6) with the proviso that the total length of maternity leave cannot extend past the designated six (6) month limit. Furthermore, the extended leave period has to be approved by the employee's immediate supervisor or the manager that signed off on the original maternity leave application.
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7.
COMMENCEMENT OF MATERNITY LEAVE AND RETURN TO WORK (NOT APPLICABLE TO
ADOPTION)
The female employee is required to notify the Company in writing and to provide the company with a valid medical certificate at least four (4) months before proceeding on maternity leave, of the date on which the employee tends to commence maternity leave and return to work after maternity leave. Shorter notice may be given if it is not reasonably practical to give the required notice period, for instance when a medical practitioner or midwife recommends that the employee commence maternity leave at an earlier date. Maternity leave should commence at any time from four weeks (4) 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 and that of her unborn child.
Maternity leave should continue until at least six (6) weeks after the birth, unless a medical practitioner or midwife certifies that the employee is fit to return to work.
Employees need to make sure they have a signed copy of their Maternity Leave Contract prior to taking their leave of absence.
8. MISCARRIAGE, STILLBIRTH, ADOPTION LEAVE AND COMMISSIONING PARENTAL LEAVE
MISCARRIAGE AND STILLBIRTH
A female employee who has a miscarriage during the third trimester of pregnancy, or bears a stillborn child, is entitled to maternity leave for six (6) weeks after the miscarriage or stillbirth. Payment of salary and benefits shall be aligned with the rest of this policy.
ADOPTION LEAVE
Employees are eligible for the benefit from the commencement of permanent employment with MOTUS Corporation.
This policy applies to an employee, who is an adoptive parent of a child who is below the age of two (2) years of age.
An adoptive parent is entitled to ten (10) weeks consecutive parental leave.
If an adoption order is made in respect of two adoptive parents, one of the adoptive parents may apply for adoption leave and the other adoptive parent may apply for paternity leave – the selection of choice must be exercised at the option of the two adoptive parents. Proof of the selection must be provided to the company in order for the applicable leave to be granted.
Payment of salary and benefits shall be aligned with the rest of this policy (if applicable).
Employees will be required to complete the relevant Leave application form and send it to their supervisor for authorisation.
8 COMMISSIONING PARENTAL LEAVE
Staff are eligible for the benefit from the commencement of permanent employment with MOTUS Corporation.
An employee, who is a commissioning parent in a surrogate motherhood agreement, is entitled to commissioning parental leave of at least ten (10) weeks consecutively, or parental leave as referred to clause 8 (Paternity Leave) hereof.
If a surrogate motherhood agreement has two commissioning parents, one of the commissioning parents may apply for commissioning parental leave and the other commissioning parent may apply for paternity leave. This selection must be exercised by the two commissioning parents. Proof of the selection must be provided to the company in order for the applicable leave to be granted.
Payment of salary and benefits shall be aligned with the rest of this policy (if applicable).
Staff will be required to complete the relevant Leave application form and send it to their supervisor for authorisation.
9. PATERNITY LEAVE
Male employees are eligible for the benefit from the commencement of permanent employment with MOTUS HOLDINGS. Only one (1) Paternity Leave application will be approved in any 12-month period. During the first year of service the permanent male employee’s paternity leave shall be unpaid and shall be governed by the provisions of the Basic Conditions of Employment Act and/ or the Motor Industries Bargaining Council Main Agreement (whichever is applicable).
The employee shall be entitled to two (2) weeks paternity leave during which the company shall cover the company’s and the employee’s contributions to a company medical aid scheme, if applicable.
Male employees who have between one (1) and three (3) years permanent service (calculated from date of permanent engagement with the company) shall qualify for two (2) weeks consecutive paternity leave during which the employee shall be remunerated at a rate of fifty (50) % of his basic monthly salary.
The employee’s full medical aid and pension/ provident fund contributions shall be deducted for the month. Male employees who have more than three (3) years permanent service (calculated from date of permanent engagement with the company) shall qualify for two (2) weeks consecutive paternity leave during which the employee shall be remunerated at his normal basic monthly salary rate i.e. two weeks paid leave.
Permanent male employees shall be entitled to three (3) paid paternity leave confinement periods during their entire MOTUS employment tenure. This shall also apply to temporary employees who later become permanent employees i.e. three paid paternity leave confinement periods, in total.
Male employees will be required to complete the relevant Leave application form and send it to their supervisor for authorisation.
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10. VARIATION OF POLICY
This policy is approved by the Board of MOTUS HOLDINGS and shall be varied from time to time as and when legislative changes take place or when company and best practice dictate so.
Any circumstances not covered by this policy will be dealt with on a case by case basis at Executive management’s discretion. The employee concerned will need to motivate such circumstances in writing.
11. APPROVAL
This policy is approved by the Chief Executive Officer and replaces all previous policies and correspondence in this regard.
Policy Owner:
Name Signature Date