Anticipating the birth of a baby is an exciting time for soon-to-be parents, but it can be stressful for couples as they negotiate companies’ leave policies and a possible reduction of income.
Jennifer Da Mata, Managing Director of Strata-G Labour Solutions, says employees need to familiarise themselves with their employers’ policies to ensure they understand what their rights are. “According to South Africa’s Basic Conditions of Employment Act (BCEA), female employees have the right to four consecutive months’ unpaid maternity leave.
“An employee may commence maternity leave any time from four weeks prior to the expected date of birth, or on a date determined by a medical practitioner or midwife as necessary for the protection of the employee or unborn baby’s health.
“The balance of leave needs to be taken after the baby is born, bearing in mind that no employee may work for six weeks after the birth of the baby, unless a medical practitioner or midwife certifies the employee is fit to resume her duties,” adds Da Mata.
There is no provision in South Africa’s legislation that stipulates when employees need to inform employers that they are pregnant. Employees must, however, notify their employers in writing on when they intend to commence maternity leave and when they expect to return to work.
Da Mata notes that some companies offer paid maternity leave, but this is at their own discretion. “Companies may offer employees full pay or a portion of their salary, as they see fit, but they are not legally obliged to do so. Employees who are not remunerated while on maternity leave are entitled to claim maternity benefits through the Department of Labour.”
And what about paternity leave?
According to Da Mata, employees are not entitled to paternity leave in terms of the BCEA, although one of the major amendments proposed to this Act includes making provision for paternity leave. “It is proposed that 10 consecutive days’ paternity leave be granted to a father following the birth of a child.
“Some companies have already adopted paternity leave as part of their human resource policies. We urge companies that haven’t done so yet, to keep the proposed amendments in mind when reviewing their internal company policies,” he says.
Currently, fathers are entitled to three days paid family responsibility leave during each annual leave cycle for the birth of a child. However, it is likely that this leave entitlement will be replaced by the proposed paternity leave amendments. “While the 10 days leave is great news for fathers, it will take a huge chunk out of their salary if paternity leave is ultimately promulgated as unpaid leave,” says Da Mata.
As a matter of precaution employees need to ensure that their employers have registered them for Unemployment Insurance benefits. This will allow them to receive some benefit while on maternity or paternity leave. “Sections 34 and 37 of the Unemployment Insurance Act, 1966 (Act 30 of 1966), provide for the payment of maternity leave and legislative amendments will be proposed to Cabinet to improve these benefits,” explains Da Mata.
It is important for employers to note that in terms of section 187 (1) (e) of the Labour Relations Act, 1995, the dismissal of an employee on account of her pregnancy, intended pregnancy, or any reason related to her pregnancy, is automatically unfair. The definition of dismissal in section 186 of the Labour Relations Act, 1995, includes the refusal to allow an employee to resume work after she has taken maternity leave in terms of any law, collective agreement or her contract.
Da Mata says employers cannot unfairly discriminate against employees based on their pregnancy status. “If someone is dismissed for being pregnant, the dismissal may be held to be automatically unfair and the employee will be able to claim reinstatement or up to 24 months’ compensation in the labour court.
“Our advice to clients is to adhere to South Africa’s Labour legislation, be clear on their policies about maternity and paternity leave and consider the benefits of being on the right side of the law. This will ultimately cultivate a happy and productive workforce,” concludes Da Mata.
Top Sectors For SMEs In 2019
“As such, SMEs in the construction, communications and electrical fields are all likely to benefit from supply and sub-contracting agreements over the coming years.”
While the South African economy has been underperforming for a number of years, the first positive signs of turnaround started to become visible by the second quarter of 2018, and by the end of the third quarter, data supplied by Statistics South Africa showed that the economy had indeed grown by 2.2 percent, compared to the previous quarter. This uptick is expected to have a positive effect on business confidence in 2019.
This is according to Jeremy Lang, regional general manager at Business Partners Limited (BUSINESS/PARTNERS), who says that certain business sectors have already seen an increase in opportunities for small businesses and start-ups.
“While these sectors will not be without challenges, the following four industries are likely to offer the best opportunities for small and medium enterprise (SME) owners to grow their enterprises in the coming year.”
The World Travel and Tourism report 2018, revealed that the direct contribution of the travel and tourism sector to South Africa’s GDP has been projected to rise from R136bn in 2016 to R197.9bn by 2028 – set to make up a total of 3.3 percent of the country’s total GDP, says Lang.
“Although this sector experienced some setbacks in 2018, such as the drought in the Western Cape and stricter visa regulations for children entering the country, both the water restrictions and visa regulations have been relaxed and the sector is once again poised for growth,” he says.
Statistics South Africa has credited this industry with being the biggest driver of growth in the country’s GDP, having expanded by 7.5 percent in September 2018, says Lang. “To bolster this, Government has made a concerted effort to stimulate small business growth in this area with initiatives such as the Black Industrialist Programme and the SA Automotive Masterplan.”
He adds that businesses in the manufacturing sphere could therefore likely see significant opportunities in the form of outsourcing contracts and new partnerships with large corporates.
“The debate around land expropriation has occupied most of the discussions surrounding the agricultural sector in 2018, with some questioning growth prospects of this sector. However, this industry has a lot of growth ahead of it, as demonstrated by its 6.5 percent growth over the last three months of 2018,” explains Lang.
“Further to this, the industry is also already taking significant advantage of seven climatic regions in South Africa, with the export of a wide variety of high quality fruit and vegetables increasing substantially,” he points out. The recent outbreak of foot and mouth disease that has resulted in the suspension of the country’s FMD-free status will however significantly impact meat exporters.
In terms of opportunities for SMEs, he says that these may most likely be found in the rural and underdeveloped regions, where the need for resources like efficient transport, state-of-the-art cold storage, better irrigation and private power generation will be key to making agriculture projects more productive and competitive in the export market.
Data and information technology
Connectivity and information technology infrastructure are both crucial to business and employment growth in South Africa, says Lang.
“With many municipalities and the Western Cape government committing to providing all of its residents with free data as part of a plan to expand public Wi-Fi network access, it is clear that this is also becoming a high priority on a state level.”
It has also been reported that South Africa is awaiting the arrival of three international data centres, and large players in the communications sphere, including Vodacom, Telkom and Vumatel, are making huge strides in drastically growing the country’s fibre optic backbone, he adds. “As such, SMEs in the construction, communications and electrical fields are all likely to benefit from supply and sub-contracting agreements over the coming years.”
In conclusion, Lang says that as South Africa’s economic growth has started to turn around, business owners should keep their ears to the ground as 2019 is highly likely to be a year of opportunity.
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SME Insurance Checklist For New Year
Malesela Maupa, Head of Product and Insurer Relationships at FNB Insurance Brokers, advises SMEs to consider the following factors when reviewing their policies.
Business owners who are planning for the year ahead should not overlook the importance of reviewing their insurance policies to ensure they are adequately covered against insurable risks.
Malesela Maupa, Head of Product and Insurer Relationships at FNB Insurance Brokers says, every year businesses face unique challenges ranging from credit and market risks, technological disruptions, compliance, operational and regulatory risks, amongst others. As a matter of precaution, insurance policies should at least be reviewed or updated once a year.
He advises SMEs to consider the following factors when reviewing their policies:
- Employee movements – if there are any employees who have left or joined the company, ensure that your policy is updated accordingly.
This type of cover normally depends on the role and contribution of the employee to the business. For instance, directors may be covered for Key Person Insurance and Directors & Officers Liability insurance.
- Protest Actions – this year is the national election year and leading up to elections we can expect to see an increase in the frequency and severity of protest actions, riots and strikes. Thus, it is essential to ensure that adequate special risks cover is in place from the South African Special Risks Insurance Association (SASRIA).
SASRIA provides cover to both individuals and businesses against special risks like civil commotion, public disorder, strikes, riots and terrorism at affordable premiums.
- Cyber risks – it is essential to communicate with your insurer or broker and find out if there are any new risks that your business should be protected against. Cyber incidents continue to be a major risk for businesses especially in the SME sector. Over the last couple of years there has been a major increase in the number of reported cyber incidences.
More businesses are now facing increased cyber threats due to their increased dependency on technology, relating to their internal and customer data being compromised by fraudsters. It is therefore essential to have some form of cyber risk insurance cover and/or enhancement of data security protocols.
- Regulatory changes – every year there are a number of regulatory changes that impact businesses directly or indirectly, which may result in fines and penalties for non-compliance.
- Natural catastrophes – the increase in the frequency and severity of extreme weather conditions, coupled with intensifying natural catastrophes will continue to have a significant impact on businesses.
Businesses should ensure they are adequately protected against these risks to avoid incurring sever financial losses.
- Business changes – should a business consider moving to a new location, purchasing new premises or venture into new business activities, these types of changes could have a major impact on its risks profile. As a result, the policy needs to be updated accordingly.
- New and Enhanced products – An innovative culture has taken over the insurance industry and ever so often we see the introduction of new products or the enhancement of existing products. Get in touch with you broker to advise you on any new products that might add value to your existing insurance portfolio.
“Reviewing your policy regularly gives you peace of mind knowing that you can focus on running your business effectively, without worrying about unforeseen risks,” concludes Maupa.
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