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"Witholding information during interview"

An employee started with us and need to go on maternity leave 1 month after she started and failed to inform us that she was 7 months pregnant when she came for the interview. What recourse does the company have?

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  • Recruitment
  • Maternity

 User  jambrosini asked at 07 Oct. 2015


2 answers

 User adelina answered to question to 09 Oct. 2015
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You could discipline the employee for misrepresenting herself. BUT remember, if you discipline an employee on the basis that she is pregnant, it can be seen as discrimination and according to the law if this is proven on discrimination then you as the Employer can pay her up to 24 months pay. I understand that this is quite inconvenient and not correct of the employee as to not inform you, however you could aslo consider letting her go on unpaid maternity leave.

Tracey Ndlovu
 Expert Tracey Ndlovu answered the user’s adelina to 13 Oct. 2015
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Do you know the answers to these seven frequently asked maternity leave questions?

You may think maternity leave isn’t difficult at all. After all, you just give your employee time off to have her baby, wait till she comes back and life returns to normal... Right?


There’s more to maternity leave than meets the eye!

In fact, I couldn’t believe how much confusion maternity leave causes readers of our Labour and HR Club…

But judging from the questions they ask us, it’s a lot!

What about you? Do you know the answers to these frequently asked maternity questions?

When are you obliged to send your employee on maternity leave?
Do you have to pay benefits like pension and medical aid while your employee’s on maternity leave?
Can your employee resign while she’s on maternity leave?
Do you have to pay your employee her full salary when on maternity leave?
Is maternity leave separate from annual and sick leave?
Can your employee request an extension to her maternity leave?
How soon after the birth can your employee return to work?

Knowing the answers to these and other important maternity leave questions could mean the difference between landing up at the CCMA and running your business successfully...

And that’s where Your Maternity Leave Solution - All of your burning questions answered comes to the rescue...

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:

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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…

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