I am full time employed since December 1st 2014. Upon joining the company I discovered I was pregnant, went on unpaid maternity leave in July 2015 and returned to work in December. During my leave, my husband became unemployed, and when I returned to work our financial state had started going on a downward spiral. It has been 9 months now and my husband is still unemployed, I am responsible for all our expenses and because we needed my salary I went back to work without working on, what I believe is, post-partum depression. My stress levels are high and I am unable to cope not just at home but at work. I haven't sought medical assistance as I am afraid of taking more time off from work as I was already made to feel by the company that I have had "erratic work attendance"; shortly before returning to work after my maternity leave, I fell sick and found out I had gallstones, which resulted in 3 extra weeks off that were decided by the company as unpaid sick leave - I have also since cancelled the operation I was meant to have as the company felt that my absence was unfair to employees who needed to take leave, so I am yet to have the recommended operation to have my gall bladder removed. I am under a lot of pressure where I feel I have no control over my life, I am depressed and it's leading me to being irritable, unable to concentrate, unexcited about anything, to the extent of catatonia where I sometimes am unable to even talk or move for a period of time.
I feel like I need to take a break from everything to seek help and find my feet again. I am in a contract with my employer where I was hired through a recruitment agency and if I leave before serving 18 months I will be held liable for the full amount of the fee they paid, R28,000.00. And if I leave between 18 and 24 months will be liable for 50%. I also need to give 2 months' notice, but every day is a struggle for me from the time I get out of bed. Is there anything I can do at this point to leave without facing heavy consequences with regard to my contract? If I get a medical practitioner to evaluate and diagnose me, would that have an influence on the decision my employer makes based on the information provided?
Were you made aware of the "penalty" before commencing employment? Is it in your contract?
While obtaining a medical practitioner's diagnosis might win you some sympathy with your employer and help persuade them to waive the penalty, on face value it is a contractual issue and they are entitled to enforce their rights.