Pregnancy Code of Good Practice

What to expect when your employee’s expecting… Life is full of firsts, and this might be your first time as employer having an employee who is pregnant. Naturally, you may wonder, “What should I expect and what is expected of me as an employer?” That’s where the “Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child” provides essential guidelines for employers to support and protect pregnant or breastfeeding employees. It outlines the employer’s general responsibilities, including risk assessments, reasonable accommodations, and maternity leave provisions. Note, however, that the Code may be reasonably adapted depending on the specific business’s workplace circumstances and occupational health requirements.

Legal requirement #1: Non-discrimination

Employers are legally prohibited from discriminating against, or dismissing employees due to reasons relating to pregnancy, a protection which is reinforced by both the Labour Relations Act and the Employment Equity Act.

Take note: Employees who are unfairly dismissed on this ground can refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) or applicable Bargaining Council. Such a dismissal would be considered automatically unfair and would put the onus on the employer to prove the contrary. The compensation awarded in such a case can be up to 24 months’ worth of the employee’s salary.

Legal requirement #2: Safe work environment

Employers are obligated to maintain a workplace free from health risks, including those affecting reproductive health. Key responsibilities include:

• Conducting thorough risk assessments to identify and mitigate hazards specific to pregnant and breastfeeding employees.
• Implementing measures to limit or eliminate identified risks, ensuring ongoing safety. This might involve modifying workstations, adjusting work schedules, or providing special equipment.
• Providing comprehensive information and training on health and safety risks and protective measures.
• Involving worker health and safety representatives in risk assessments and controls.
• Ensuring employees take reasonable steps to safeguard their own and colleagues’ health and safety.

Legal requirement #3: Protecting the health of pregnant and breastfeeding employees

Employers must prioritize the health and safety of pregnant and breastfeeding employees under Section 26 of the BCEA, which prohibits hazardous work. Key responsibilities include:

• Risk assessment: Identifying workplace risks specific to pregnant or breastfeeding employees and implementing necessary protective measures and adjustments to mitigate these risks effectively.
• Alternative employment: Offering suitable alternative roles if current work poses health risks during pregnancy or breastfeeding, ensuring terms are fair.
• Notification and evaluation: Encouraging early pregnancy notification to promptly assess workplace risks, including evaluating physical conditions and job tasks to determine appropriate accommodations.
• Risk mitigation: Informing employees of identified risks, consulting on preventative measures, providing necessary training, and considering occupational health consultations for uncertain adjustments.
• Health monitoring: Maintaining ongoing risk assessments throughout pregnancy and breastfeeding, supporting clinic attendance and necessary breaks for breastfeeding employees.
• Aspects of pregnancy affecting work: Both employers and employees should consider these common aspects of pregnancy impacting work:
  • Morning sickness: Employees may struggle with early shifts and heightened sensitivity to strong smells exacerbating nausea.
  • Physical strain: Prolonged standing or sitting can lead to backache and varicose veins, while manual handling tasks can also contribute to discomfort.
  • Increased toilet needs: Ensuring access to suitable toilet facilities is crucial, especially considering challenges in leaving work unattended.
  • Fatigue: Tiredness may limit overtime and evening work capability, necessitating consideration of rest periods for adequate recovery.

This article is intended as a brief and general overview of some of the considerations that employers need to consider. The code contains more detailed information and schedule of hazard examples and best practices to mitigate risks effectively. For advice and a copy of the code please contact the LWO on 0861 101 828.

Contact the LWO for any advice or assistance!

Not an LWO member yet? Take a look at our membership packages.