ABSTRACT

Employers should be reminded that pregnant workers are entitled to the same benefits as those employed, otherwise any exclusion might be considered discriminatory.

The statutory rights to maternity leave, the rights to return to work and not to be dismissed, and to maternity pay are very complex. These modified and in part ‘new’ rights came into force in 1993. Although, it has always been part of dismissal law, that you could not dismiss an employee when she announces she is pregnant. An employee who is absent from work at any time during her maternity leave is entitled to the benefit of the terms and conditions of employment which she is entitled to.