What every woman needs to know about employment law

Before entering employment it’s crucial, especially for woman, to know exactly how and where you’re covered by employment law. Tragically, many people are mistreated in their jobs or wrongfully dismissed every year because they didn’t know there were laws that have been made to protect them.

Becoming familiar with certain areas in employment law is the first step in ensuring you feel safe and secure within your job. For women, especially, these main areas should be researched:

Pregnancy and Maternity Leave
While it’s less common today than it has been in the past, the unfortunate fact is that some woman are still being punished for becoming pregnant while employed. It’s worth stating that employers cannot insert clauses into contracts that give them permission to fire you if you become pregnant – this is against the law. You also cannot be fired because you’re pregnant, if you intend to become pregnant or for anything associated with your pregnancy.

As for maternity leave, by law you must be given four consecutive months off as maternity leave. Your employer is not, however, obliged to pay you any maternity leave, which is why so many women do not take the full four months. During maternity leave you cannot be fired and your job position must be made available to you once you return to work.

Equality at Work
Although there are no explicit laws on equal pay between men and woman there is the Employment Equity Act. This law states that there should be no discrimination between people working for the same employer doing the same job. This means if you are doing the exact same job as a male employee then you should be paid the same wage.

You also cannot be denied a job on the basis that you are a woman. Article 22 of the constitution states that every citizen should be free to choose their own trade, whatever that may be.

Sexual Harassment
In employment law sexual harassment – deemed physical, verbal or non-verbal – is prohibited. Responsibility for policing sexual harassment falls to your employer. If your employer is not effectively dealing with the sexual harassment against you then they have breached the Employment Equity Act and that employer will be held liable. While the employer is ultimately responsible for what happens in their workplace, this does not diminish the individual responsibility of the harasser, meaning you can also take civil and criminal proceedings against the perpetrator if you wish.  

Sick Leave
Everyone is entitled to one day’s full paid sick leave for every 26 days that they have worked. This sick pay should equal the wage you would have earned the day you were absent and be in your usual pay.
If you are absent for more than 2 days in a row more than once over an 8 week period then your employer does not need to pay you any sick pay if a medical certificate is not provided. Also keep in mind that, unlike maternity leave, your job is not secured by law when you are on sick leave.

Annual Leave
All employees are entitled to a minimum of 21 days of paid annual leave a year, although your employer may have rules about when this leave can be taken. You must be paid the full wage you would have received had you been working. Needless to say, if a public holiday falls within your annual leave on a day that you should have been working then your employee must grant you an additional full day’s paid leave.

Written by Stephen Pritchard of international job search website Adzuna – helping people to find better jobs.

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