Question 1

Q: Does an employee still accumulate normal benefits (e.g. annual leave, sick leave, family responsibility leave) while she’s on maternity leave?

A: Yes, she accumulates normal benefits during her maternity leave. She would also be eligible for a salary increase while on leave.

Question 2

Q: Do I have to pay my employee a salary during her maternity leave?

A: No, you don’t have to pay your employee for any part of her maternity leave,
     but you must enable her to claim unemployment insurance benefits.

Question 3

Q: Is it legal for an employee to refund us the amount she’s paid out by
     UIF? We want to pay her a full salary while she’s on maternity leave
     so she’s financially stable.

A: You can enter into an agreement that the employee will receive full
     benefits/remuneration during her maternity leave period and any benefits she
     receives from the UIF will be paid over to the company.

     Remember: as the employer you will only be receiving a portion of money     back from UIF. You, therefore, need to have a clause in the agreement to cover

     yourself if the employee decides not to return to work after the four months –
     bearing in mind she has received full benefits during this period.

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• What must you do when you dismiss for poor performance?
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