Employer duties towards pregnant and lactating employees in the hospitality industry in South Africa

Abstract

The hospitality industry or sector in South Africa is characterised by the employment of unskilled mainly young female employees. Consequently, it is inevitable that many of these employees will at some time be pregnant or lactating. Therefore it is important for both employees and employers to be aware of their respective rights and duties in this regard. The employer has a duty to protect pregnant and lactating employees from work situations that are unsafe or hazardous to their health or the health of their babies. However, the employer is also obliged to reasonably accommodate pregnant and lactating employees by finding alternative work for them that is not unsafe to their health and well- being and that of their babies. It is obvious that an employer may not always be in a position to provide such reasonable accommodation for lactating or pregnant employees. Recourse to South African and international case law and legislation sheds light on the practical implementation of the employer’s duty to reasonably accommodate lactating and pregnant employees. This article serves to inform employers of the lengths they need to go to find alternative work for pregnant or lactating employees so as to not fall foul of discrimination legislation