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Thread: Domestic worker insists that I extend her maternity leave for longer than 4 months

  1. #11
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    a) Her contract is permanent, it doesn't run from year to year. She was appointed at a certain date and it runs until termination by either parties with sufficient notice.
    b) Can it be seen as discrimination against pregnancy/childbirth if I refuse the extra leave if she had the entire 4 months as determined by law? As I understood the law, you may request leave without pay, but it is up to the descretion of the employer, or will the CCMA "zap" me because I refuse her extra leave linked to her maternity leave?

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    Platinum Member sterne.law@gmail.com's Avatar
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    There is no legal requirement for you to extend the leave.
    Should she request it and you deny it, you will do a dismissal. the charge could be:
    1) Gross insubordination
    2) Unauthorized absence (not dessertion, becuase this requires that there is no intention to return)

    There may be some substance to proceeding along a ill-health type structure.
    The nature of the job, where trust is integral and home owners each have specific styles, makes it difficult to have a temp person fill the role for 2 months.
    I would not have too much concenr along the dismissal based on pregnancy.
    Someon touched on the subject earlier: How good a worker is she? If you want her to continue (and this should not be read in the opposite of "this is a chance to get rid of her") perhaps an intermediate solution of 3 days a week instead of 5 or half days etc, ect..depedning on your requirements.
    Remembering if she is "forced" to work you may face absences, late coming and such nuisances, so such a compromise may prove a win win.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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