fbpx

EMPLOYER RIGHTS PERTAINING TO PREGNANCY AND MATERNITY LEAVE

by | Mar 17, 2015 | 2 comments

Does a job applicant need to disclose her pregnancy status to an employer? May an employer take disciplinary action against an employee who, at the time of appointment, failed to disclose her pregnancy? Or lied about it? May an employee who is on maternity leave be dismissed for genuine reasons relating to performance, disciplinary action or redundancy?

This information is available to LABOURWISE MEMBERS only. If you are a member, please log in to access this page. If you would like to subscribe, please register here or visit subscriber benefits for more information.

2 Comments

  1. How do you deal with an employee who is pregnant and constantly off work, has utilised all her sick leave and is currently on unpaid leave if ill. She produces a sick note every time but is taking off so much time.

    Reply
    • Reply to Wendy: There are limits to the extent to which an employer is expected to accommodate absence due to illness. In the case of pregnancy one has to be cautious, though. You are welcome to call to discuss.

      Reply

Submit a Comment

Your email address will not be published. Required fields are marked *

Recent News & Articles

CRIMINAL RECORD AND EMPLOYMENT

May employers exclude candidates for employment based on the fact that they have a criminal record, or may an employee be dismissed if the employer discovers that an employee has a criminal record?

STRIKING A DEAL TO AVOID THE RETRENCHMENT PROCESS?

If an employer contemplates dismissing employees based on operational requirements (retrenchment), the Labour Relations Act (LRA) requires the employer to follow certain procedures. However, may an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?