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Question
Posted by: Olivia | 2011/02/03

New Maernity Leave Policy

Hi
I" ve been with my current company for just over 2 years. My contract does not say anything about maternity leave. A co-worker has just announced that she is pregnant and hence is following this up.I am also starting to think about starting my family. As it turns out there is no company policy. We are in the higher income bracket, so management has decided to draft a maternity leave policy within the next few days. We have not been informed of its content as yet. Can they enforce this new policy on current employees ? Surely it would only apply to people who join the company after drafting of this policy ? Are there any steps or measures we can employ ? Can we refuse to accept the new policy and are they liable for paying maternity leave ?

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Our expert says:
Expert ImageLabour lawyer

New Maternity Leave Policy

If a company decides to draft a maternity leave policy they need to distribute it to the staff for their comments. The company at this stage has no policy and therefore falls under the Basic Conditions of Employment Act which means that there is no payment during the 4 months. Anything would be better than that. Companies are not liable to pay maternity leave.

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2
Our users say:
Posted by: Labour Lawyer | 2011/02/15

New Maternity Leave Policy

If a company decides to draft a maternity leave policy they need to distribute it to the staff for their comments. The company at this stage has no policy and therefore falls under the Basic Conditions of Employment Act which means that there is no payment during the 4 months. Anything would be better than that. Companies are not liable to pay maternity leave.

Reply to Labour Lawyer
Posted by: JR | 2011/02/03

No company can be forced to pay maternity leave. You are entitled to 4 months, but it is up to the company weather it is paid or not. Any policy in a company can be instated, implemented or amended at any time, that is the whole idea around policies. You can claim UIF if you don''t get paid. If there was no policy I would say that the standard labour law stands, 4 months unpaid.

Reply to JR

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