Any employer who—
employer
“employer” means any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager or factor of such first mentioned person, and the word “employ”, with its grammatical variations and cognate expressions, shall be construed accordingly;
fails to grant maternity leave to a female employee employed by him and entitled thereto under Part IX;
employee
“employee” means any person or class of persons— (a) included in any category in the First Schedule to the extent specified therein; or (b) in respect of whom the Minister makes an order under subsection (3) or section 2a;
Employment 97
fails to pay the maternity allowance to a female employee employed by him and entitled thereto under
Part IX, or to her nominee, or to her personal legal representative;
fails to pay maternity allowance in the manner prescribed in section 38; or
contravenes section 42 or 44, commits an offence, and shall also—
in the event of a conviction for an offence under paragraph
, be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she may be entitled under Part IX in respect of every day on which the female employee had worked during the eligible period referred to in paragraph 37(1)(a), the payment so ordered being in addition to the wages payable to her, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court; and
day
“day” means— (a) a continuous period of twenty-four hours beginning at midnight; or (b) for the purposes of Part XII in respect of an employee engaged in shift work or in work where the normal hours of work extend beyond midnight, a continuous period of twenty-four hours beginning at any point of time;
in the event of a conviction for an offence under paragraph
, be ordered by the court before which he is convicted to pay to the female employee concerned the maternity allowance to which she is entitled under Part IX, and the amount of maternity allowance so ordered by the court to be paid shall be recoverable as if it were a fine imposed by such court.
95–96. (Deleted by *Act No. 40 of 1966).
*NOTE—The Children and Young Persons (Employment) Act 1966 [40 of 1966] has since been revised as the Children and Young Persons (Employment)Act 1966 [Act 350].