Why company wants to recover ‘extra maternity leave days’ from you

Dear Anash

I took maternity leave early in the year for a period of four months. However, upon reporting back in July this year, my boss said I was only entitled to two months maternity leave and therefore the company shall recover the "extra days" I took. I am surprised by the turn of events since the new labour laws provide for a three months maternity leave. And why should I forfeit my annual leave. Please advice.

Following the enactment of new labour laws in December last year, the period for maternity leave changed. The new Employment Act provides for a three-month maternity leave on top of the annual leave for female employees, compared to the previous one, which allowed two months maternity leave.

In the new Employment Act, an employee shall however not forfeit her annual leave. Previously, the law provided two months maternity leave, but the employee forfeited her annual leave days.

The new Act brings the total period that a female employee may be out of work to four months in a year. In addition, the Act introduces paternity leave of fourteen days.

You are caught in between the previous law and the new one. The new law was enacted in December, 2007.

However in May, this year the Government announced a new implementation date for the Employment Act and two other Acts. The new date of June 2, 2008 implied that workers could only enjoy the benefits of the new laws from June 2008 and not from December 2007 as was the case.

You are a victim of circumstances as the mistake is neither yours nor the company’s. It is the Government that changed the implementation dates. Many female staff who took their maternity leave between December 2007 and May 2008 have faced this problem in one way or another.

Your company is in a dilemma of losing two months period plus the cost of hiring a replacement. On your part, you feel the company is denying you your right.