If employee has served the employer for at least 3 months and employer terminates her employment without sufficient cause while she is pregnant, or retrenches her during her pregnancy, they must pay the maternity benefits she would have been eligible for.

To qualify for this maternity protection, she must have:

• Worked for the employer for at least 3 months before receiving the notice of dismissal or retrenchment.

• Been certified pregnant by a medical practitioner before receiving the notice of dismissal or retrenchment.

An employer has the following obligations to employees who are on maternity leave:

• Continue to pay an employee’s salary throughout her maternity leave as if she had been working without a break.

• Not ask an employee to work during the first 4 weeks of her confinement.

It is an offence for an employer to dismiss an employee while she is on maternity leave.