[Question] Maternity leave and payment

[MorrisonM]

Hi,

I would like to find out, i am scheduled to go on maternity leave the 1st January 2017 and have been told i will get paid through metal and engineering industries bargaining council sick pay fund, i would like to take a full 4 months leave can my company deny? and only allow me to take 3 months?

Secondly, i am extremely unhappy with my working environment bosses are verbally abusive and have made me work even harder during my pregnancy period than i have before, i therefore would like to know if i could resign from the company whilst on maternity leave, my company is not paying for my leave the sick pay fund is.

Please advise,

[HR Solutions]

You need to work your last month. 3 months is regulatory.

[HR Solutions]

If the company can't afford your extra leave due to any reason then they can't afford it.

[Greig Whitton]

I would like to find out, i am scheduled to go on maternity leave the 1st January 2017 and have been told i will get paid through metal and engineering industries bargaining council sick pay fund, i would like to take a full 4 months leave can my company deny? and only allow me to take 3 months?

Per Section 25 of the Basic Conditions of Employment Act, you are entitled to at least four consecutive months' maternity leave. Your company can not legally deny you this right.

Per the MEIBC Sick Pay Fund Agreement, you should be paid your actual wage at the time of taking leave for a maximum of 26 weeks provided that you have worked at least one year for the same employer continuously.

VERY IMPORTANT: The MEIBC Sick Pay Fund Agreement expires on 31 December 2016. So if you take your leave on 1 January 2017, the Sick Pay Fund Agreement will have no legal effect unless it is extended before then.

Secondly, i am extremely unhappy with my working environment bosses are verbally abusive and have made me work even harder during my pregnancy period than i have before, i therefore would like to know if i could resign from the company whilst on maternity leave, my company is not paying for my leave the sick pay fund is.

Unless your employment contract states otherwise (and I would be surprised if it did), you should be able to resign at any time (although you will probably be required to provide advance notice - e.g. 1 month in advance).

You need to work your last month. 3 months is regulatory.

No. Maternity leave is four months.

If the company can't afford your extra leave due to any reason then they can't afford it.

What extra leave? OP only intends taking the leave that she is legally entitled to - no more, no less.

Afford what? Her company doesn't have to pay a cent. The MEIBC Sick Pay Fund covers the cost of maternity leave.

[HR Solutions]

No. Maternity leave is four months.

My mistake - my mind was awol yesterday

Afford what? Her company doesn't have to pay a cent

I realise this - I got the impression that Morrison was hoping that she was going to get paid. Some companies do pay for maternity leave and some don't due to various reasons.

[sterne.law@gmail.com]

See S37(5) of the BCEA
No termination notice during leaves as per chapter 3

[Greig Whitton]

See S37(5) of the BCEA
No termination notice during leaves as per chapter 3

Isn't this specific to employers, not employees?

[sterne.law@gmail.com]

Correct