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Question
Posted by: Manyokola | 2009-03-10

Maternity leave

Hi

My girlfriend is working for one of the retailshop in Gauteng, she is pregnant and she was told that they are not going to pay her for the months that she wuold be in maternity leave because she is employed less that a two years with them. This practice is in their HR policy and is signed off as the policy. is this constitutional? what steps can we take with regard to this matter

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Our expert says:
Expert ImageLabour lawyer

RE: MATERNITY LEAVE

They don't need to pay her while she is on leave. She can try to claim uif payments.

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3
Our users say:
Posted by: Deon | 2009-03-15

Nothing, you have to go by the policy. Maternity can be granted but does not have to be paid. bad luck

Reply to Deon
Posted by: cally | 2009-03-10

she can claim from UIF while on maternity leave. If it isn' t specifically stated in the compnay policy that maternity leave is paid leave, then she can' t do anything. Why doesn' t she apply for her annual leave as part of the time she takes as maternity leave? The law says that employers must grant pregnant employees 4 consecutive months maternity leave, but nowhere does it say that this must be paid leave.

Reply to cally
Posted by: Star | 2009-03-10

Nothing, you have to go by the policy. Maternity can be granted but does not have to be paid.

Reply to Star

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