I am pregnant says your employee. Your best employee, the employee you most rely on. Of course you know she will want maternity leave over your busiest period, right in the middle of that time when the demand for you and your product is at its highest.  So what is your employee entitled to. What can you reasonably ask her to do?

1)     she can go on maternity leave anytime from 4 weeks before her due date

2)     she can come back anytime if the doctor or midwife says she can.

As you can see the doctor or midwife has the final say.

Three scenarios,

1)     the employee leaves 4 weeks  before the due date and returns 6 weeks after the due date – no problem

2)     The employee wants to work up to her due date and come back to work as soon as possible. This is possible if the doctor or midwife agrees. I would recommend a letter want from the doctor and some sort of indemnity signed by the employee

3)     I need the money, I want to work from home until I feel I can come back to the office. This is possible if the doctor or midwife agrees. I would recommend a letter want from the doctor and some sort of indemnity signed by the employee

 

However the employee is entitled to 4 months maternity leave. In fact the law puts even more strongly it is her right to take 4 months leave.

The prospective mother can also be off from a date that the midwife or doctor certifies that this is required from the health of the child.

All Maternity leave is unpaid unless your company policy makes provision to pay all or part of her salary..

If the employee has a miscarriage (third trimester only) or if the child is still born then the mother is entitled to 6 weeks leave  from the date of the miscarriage or still birth.

The employee must notify the employee in writing of

1)     date of starting maternity leave

2)     date of return

3)     As soon as possible but a minimum of 4 weeks before the due date.

The employee is entitled to UIF benefits as prescribed by law.