Maternity leave over December closing period

Date: Sep 7, 2010

Maternity leave over December closing period

Date: Sep 7, 2010

whilst on maternity leave, you are may claim maternity benefits from the UIF

http://www.labourprotect.co.za/uifbenefits.htm

http://www.labourprotect.co.za/uifbenefits.htm

however you cannot expect your employer to pay you your leave during december and then expect to go back to work and take your leave when you have already been paid for it!!

seeing as to though your leave falls during your maternity leave, you may speak to your employer and ask if you may take this leave before you go on maternity leave or upon your return to work.

you cannot be paid for your leave as by law you are required to take it!!

Date: Sep 7, 2010

Thank you for the quick response. I am however still confused over the matter. In normal "years" I would get paid a full month's salary in December AND take the leave of 15 working days. So if I understand it correctly, "hypothetically" - If i had to work over the December period, they would need to pay me my 15 days leave due to me, as well as for the 15 days worked.
Is it not true then that I will still have leave due to me when I go back to work, even if they do pay me my 15 days leave due? OR does the fact that I am on maternity leave during the forced leave period not get taken into account - my annual leave then just falls away?

Date: Sep 7, 2010

(sorry) i forgot to ask: Is it also solely at my employers discretion to grant me the leave before or after my maternity leave, or is the law behind me on taking the leave?

Date: Sep 7, 2010

hi there

I don't think that you have phrased your question coherently.

every employee is entitled to 21days paid consecutive leave over a 12month cycle for a 5day working week ito the BCEA!! This means that you when you go on leave, you are paid a full months salary. As to when the employee goes on leave, this depends on the employer, generally when the company shuts down for the year, each employee is required to take their leave then.

please follow this link: http://www.labourprotect.co.za/bcea_leave.htm

if you go on annual leave, then the employer pays you..if you do not take the leave, then you cannot get paid for that leave!! No employee or employee may come to that agreement that the employee will not take leave, rather be paid for it!! This means that you have to speak to your employer and request that you go on leave before your maternity leave starts , basically your annual leave goes into your maternity leave, which obviously you will be paid for!! or suggest that you take the leave upon your return to work. in other words, ask the employer if you are able to reurn to work 15days later than originally agreed to as this would constitute as your leave then!!

There is no such thng as double pay!!! If you go on leave, you get paid! if you don't, you will not get paid for those days worked when you were supposed to be on leave, rather your normal salary. again, your employer cannot pay for leave days that you have not taken!!! therefore put in your request for leave!!

			Do you need further help with problems at work?		JOBS
Home Advice