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Thread: Maternity Leave

  1. #11
    Platinum Member sterne.law@gmail.com's Avatar
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    Leave pay may not be paid out other than where the employee is leaving the employ of the company.

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    BBBEE_CompSpec (08-Nov-09)

  3. #12
    Platinum Member sterne.law@gmail.com's Avatar
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    Employer and employee/s can agree on anything that is lawful, there need not be a union or collective agreement, per se, to reach an agreement taht alters terms as set down by BCEA. A note on Morticas post, there does not neccessarilly have to be agreement from all staff. There MUST however be good faith consultations, before embarking on unilateral changes to terms and conditions. However, unilateral terms and changes thereto, is the one issue where a protected strike can be called within 48 hours. This notwithstanding, maternity leave would be a BENEFIT and not remuneration and so it is not a term and hence it can be changed unilaterally. Employees would then have to decalre a mutual interest dispute and follow the normal procedures before getting a strike certificate.

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    BBBEE_CompSpec (08-Nov-09), Dave A (08-Nov-09)

  5. #13
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    Quote Originally Posted by Yvonne View Post
    Can anyone help me?
    we have an employee going on maternity leave.

    Taking one month before the birth, and three months after. she has worked for 4 years and is entitled to the full 4 months UIF Benefit.
    She is due for 3 weeks annual leave.

    May the company pay "her out" in cash for her leave? so that she can claim as much UIF as permitted being the full four months of her benefit?
    Being last date at work 30th November? if she must take her leave as per normal her last date at work would be end of December?

    We have been unable to get an answer as to what % of her salary she will receive from UIF, telephone calls to their help line have been no assistance, we are told : Only UIF will calculate it and that it will be between 38% - 58%.
    Regarding the leave, the answer is pay her for December, being the leave, then she only needs to claim for three months UIF, and that it would not make any difference to her UIF claim, I am not sure they understood my question.

    We have read various articles that say it is taking months for maternity UIF benefits to be paid? is this the general procedure?

    We investigated companies which handle the UIF maternity applications and assist in timeous payments, the fee is from R600 which seems to be substantial, we are considering offering this service, but wonder if there could be any unthought of consequences which come back to haunt us through labor law? any suggestions?

    thanks

    Yvonne
    An amployee is entitled to receive a salary from both UIF and their employer, as long as the sum is not more than her actual current salary (the salary at the time of the claim). A possible solution is for her to claim the four months, and you structure the payout over the period to match her current salary? She will anyway still fall short, the 3 weeks leave would most probably only top up 2 months, maybe 3.

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    BBBEE_CompSpec (09-Nov-09)

  7. #14
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    The employer is not obliged to pay out any salaries while the employee is on maternity leave, unless it has been stated otherwise in Bargaining Rules or a Collective Agreement. As far as leave pay is concerned the DOL will not allow you to pay out the leave unless the employee has taken, physically, two weeks prior to the balance being paid out. This is being done not to spite the employee but is in line with the safety regulations and act.
    Last edited by BBBEE_CompSpec; 09-Nov-09 at 10:24 PM. Reason: Syntax error

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