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10 Aug 2008

I have been employed for three and half years, and this year i havenot yet taken one day leave or sick leave.
(except for my doctor visits due to the pregnancy)

our company closes for 2 weeks in december and 1 week in january.then we all take our annual leave of 3 weeks. and for three years we all received paid annual leave.

my maternity leave is from september to end december.

i spoke to my employer regarding my annual leave, because i can
not take my annual leave while on maternity (according to the law)

my employer said that i can take two weeks leave before my maternity leave starts (i said that i will take it the last two weeks in august)

six weeks ago i handed in my letter regarding when my leave and
maternity leave starts.

two weeks ago my employer said that the two weeks leave is unpaid, because as he said: "  we only get leave in december." 

what is my rights regarding this matter, i only have my letter as
proof for the dates of leave. i never got it on paper that my employer approved my two weeks leave.

what am i to do? i feel that i am due my annual leave, and just
because i' m on maternity leave, does not mean that i will lose my
leave days.

do i have something to stand by? what steps must i take if they do
not pay me the two weeks leave.


in my contract it states that i will receive halve (0.50%)of my salary while on maternity leave. i was planning on claiming the other halve of my salary from uif. (which i can do). but also my employer said that it is against the law to claim uif while receiving pay, but you can if you receive only halve or less... but they don' t believe me.

but also six weeks ago my employer also said that they will not pay my halve salary. He said that they can' t afford to pay my salary, and that we must take it further if i want to.

what is the legal aspect of this matter?
and when do i take it further?
what steps do take?
what are my chances when taking it further?
and what possible outcome will further action mean?

thank you,
Answer 359 views
Labour lawyer
labour lawyer

01 Jan 0001

Companies do not allow maternity leave to be taken at the same time as annual leave.
However employees can demand that leave be taken specifically in December please chech contract of employment or your letter of appointment.

I dont believe that you can claim from the UIF the other half you need to check with the deaprtment of labour because i believ they only cover you if you getting a third.
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