|My boss says that he will train another person to do my job
while I am on maternity leave, and that I may have to take
another lower paid job when I return because he can’t
guarantee my job for four months. Do I have any rights?
Even though maternity leave will be tough on your boss,
he is legally obliged to keep your job for the four months
of your maternity leave. So even if he has to train another
person to do your job while you are away, he must give you
back your job with the same benefits when you return. This
is because he is not entitled to change the conditions of
your employment while you are on maternity leave. If he
did so, you would be able to go to the CCMA with a dispute.
Your boss is also not allowed to fire you because you are
pregnant. If he did so, this would automatically fall under
an unfair dismissal (See section 187(e) of the Basic Conditions
of Employment Act), and again you would have recourse to
the CCMA. In a case of unfair dismissal, the CCMA may award
the employee up to two years salary.
Maternity benefits - Leave
Maternity benefits - UIF