Posted by: Confused | 2005/12/15

Pregnancy vs Work, Very confused

I got a job when I was 4 months pregnant and never told my boss. Now I m afraid of opening up as I m afraid of being fired. I m doing well at work and there are good prospects that I ll do well in future. Another thing my boss told me that he is taking a vacation at the time I m suppose to go on maternity leave, and insisted that no one should take leave during this period. That has made me evn more worried.

Was I suppose to disclose pregnancy on the interview ?(which I was afraid in case they dont accept me). I fear that telling them will really upset them

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Our expert says:
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I agree with the responses. You can't postpone the childbirth, and must talk to him about this Asap. he can't now discriminate against you for being pregnant. But Delene sounds right, that you were probably obliged to disclose any relevant medical information, including your pregnancy, and may not be entitled to such long maternity leave.
The sooner you tell them, the better the chance that they can make a plan to help you and the company

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Our users say:
Posted by: Purple | 2005/12/15

Oh yes, you may not return to work before your child is 6 weeks old (even if you want to), unless a doctor or midwife certifies that you may do so. You are very unlikely to find one who will as it takes 6 weeks to recover - longer if you have a ceasarian.

Reply to Purple
Posted by: Purple | 2005/12/15

You are still entitled to the full 4 months of maternity leave - even if you joined a company the day before your baby was due and regardless of whether you disclosed this or not. This is entrenched in the BCEA.

However, there is no provision that maternity leave must be paid, and even if your company does pay, they may legally withold it becuase of this.

You should have told them. They couldn't discriminate against you because of pregnancy and not hire you with that as the only reason for not hiring you. Also, they cannot now fire you because you are pregnant.

If you do experience any problems in this regard, contact the CCMA.

Reply to Purple
Posted by: Delene | 2005/12/15

It wont be discrimination.

Depending on your contract, one usually must enclose everything, especially health conditions...pregnancy would be part of that.
If you are employeed while being pregnant, they dont need to give you full maternity leave either. If I'm not mistaken, only 2 weeks.
This is unfortunitly very important information you were obligated to disclose with employment.
You will have to take it as it comes. But make sure you tell your manager ASAP. They deserve to have enough time to make a plan.

Reply to Delene
Posted by: figured it out | 2005/12/15

They cannot discriminate against you for being pregnant, but I think you should havetold them from the beginning. I assume you didn't tell them because you figured they would not employ you, which is probably right though you would not have been able to prove it.

Best you tell your boss ASAP, each day that goes by digs you deeper into a potential pit.

As for the legality or your obligation to have informed them of your pregnancy when you applied for the job, I hope someone else can shed light on this.

Reply to figured it out
Posted by: ASP | 2005/12/15

I think the sooner you go talk to your boss the better. Tell him about your pregnancy and see what he has to say...

Reply to ASP

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