(1) Subject to subsection (2), an employee who is pregnant shall be entitled as of right to take maternity leave in accordance with this Act and shall be entitled to return to the same job which she held before commencement of maternity leave or an equivalent position.
(2) An employee shall only be entitled to return to the same job under subsection (1), if—
(a) at the date of her expected confinement she would have been continuously employed by that employer or a successor to that employer for a period of 12 months or more or in the case of a daily paid, part-time, or seasonal worker; (Amended by Act 6 of 2011)
(b) subject to subsection (3), she informs her employer either orally or upon request by the employer, in writing, at least 3 weeks before the commencement of the maternity leave required—
(i) that she will be requiring maternity leave because of pregnancy, and
(ii) that she intends to return to work for the employer, and
(c) she provides a certificate from a registered medical practitioner confirming her pregnancy.
(3) Where an employee requires maternity leave immediately in the case of a premature delivery of her baby, the requirement under subsection (2) (b) shall be waived and the employee will be required to provide to her employer a certificate from a registered medical practitioner confirming her premature delivery.