The one thing you must have in place to stop maternity leave disputes

Simangele Mzizi, Fsp Business, 28 Nov. 2014

Tags: maternity leave, maternity leave policy, leave


Last week, I came across this screaming headline: “Gay father fights maternity leave denial”. Essentially, the story was about a Durban man who’s taken his employer to court over maternity leave entitlement. This after his employee didn’t give him maternity leave.

While reading about it, I couldn’t help but say “not again”.

You see, I’ve seen countless stories of employers who find themselves in costly legal battles with employees over maternity leave.

But, those employers could’ve avoided unnecessary headaches if they had this one important thing in place.

Read on to find out what it is so you can effectively manage maternity leave in your workplace and avoid costly legal disputes.



****** Recommended Product ******
 
Get more than just answers to your burning maternity leave questions...

Your Maternity Leave Solution is an easy-to-use, electronic report brought to you by the team of experts behind The Practical Guide to Human Resources and Labour Law for Managers.

With Your Maternity Leave Solution you’ll not only get 33 legally compliant answers to your burning maternity leave questions, you’ll also get:

  • A sample maternity leave policy you can customise to suit your business;
  • A sample of the Acknowledgement of Maternity Pay Notice;
  • A sample Breastfeeding Policy;
  • All the relevant UIF forms you need to fill in for your employee;
  • And much more…

With all this at your disposal, you can rest assured Your Maternity Leave Solution will solve all your maternity leave headache. Get yours now…

******************************************

 

Here’s what you must have in place to avoid maternity leave disputes

 
The one thing you must have in place to stop maternity leave disputes is a maternity leave policy.
 
A maternity leave policy will help ensure:
 
  • There are clear guidelines about every maternity leave issue;

  • You have a structured way to deal with issues your employees raise about maternity leave;

  • You comply with all the legal obligations when it comes to maternity leave and your duties towards pregnant and breastfeeding employees; and
 
  • Your employees know what you allow and don’t allow when it comes to maternity leave.
 
Basically, having a policy means you and your employees will be on the same page about maternity leave. There will be no room for confusion.
 
Just bear in mind that you must communicate your policy to your employees and apply it consistently.
 
It doesn’t make sense to have a policy no-one knows about or having a policy you don’t follow. This type of thing alone could lead to disputes.
 
So what should you cover in your maternity leave policy?

 
*********** Advertisement ************
 
Will your company’s HR Policies and Procedures hold up in court?

Don’t wait for a CCMA dispute to discover your company doesn’t have a leg to stand on!

Get your hands on the 50 documents Part-Time CCMA Commissioner Barney Jordaan believes you can’t run a company without…

***************************************

 

Here are some suggestions of what you could cover in your maternity leave policy

 
 
  • Explain who can take maternity leave;
 
  • Cover when employees can start maternity leave and when they must return;
 
  • Explain when employees must tell you about going on maternity leave. And how to tell you (for example, in writing);
 
  • Cover points about UIF maternity leave benefits;
 
  • If you give employees special maternity leave benefits, cover this too;
 
  • Cover how you deal with adoption leave for same sex couples;
 
  • Explain how you deal with paternity leave; and
 
  • Tell employees that when they come back to work, they must give you a medical certificate to prove they’re fit for normal duty.

With a maternity leave policy in place, you’ll avoid any confusion about when, where and how an employee can take maternity leave. And legal disputes over the issue will be a thing of the past. So make sure you have this policy in place.
 
Recommended Product: Your Maternity Leave Solution. It will answer all your burning maternity leave questions.

Related articles:


Latest:

Comments
0 comments



 
 


RSS Facebook Share the experience
Labour and HR Club
Topics
  • CCMA
  • Discipline
  • Dismissals
  • Employment Equity
  • Employment terms and conditions
  • Foreigners
  • Laws / Acts / DoL
  • Leave
  • Performance management
  • Policies and procedures
  • Recruitment
  • Trade unions
TOP ANSWERS 2018
I need to know if consecutive leave days include public holidays? Should I be forfeiting leave days if they fall over...[read more]
Published at 13 Dec. 2017 1 answer
A staff member asked to take leave for three weeks in 6 months time to visit his elderly mother in Australia. This was...[read more]
Published at 26 Jan. 2018 1 answer
Hi, I work 5 hours a day (8am to 1pm). Am I entitled to any sort of break?[read more]
Published at 16 Jan. 2018 1 answer
Good morning, Kindly confirm if the below constitute for family responsibility leave please. I fell ill two days...[read more]
Published at 08 Jan. 2018 1 answer
HOW MANY DAYS MATERNITY LEAVE MAY BE APPROVED FOR A TEMPORARY EMPLOYEE?[read more]
Published at 18 Dec. 2017 1 answer
My domestic worker told me she is pregnant, she will be working for me for about 2 years now and we have not registered...[read more]
Published at 06 Feb. 2018 1 answer
Video Archive Video club
Your library of Free eReports
View full library