Question: I’ve gone on maternity leave and my company (for whom I’ve worked for nearly 4 years) are requiring that I have to able to be “on call” to help the temp (which they only got the day before I left even though they’ve known for 7 months of my leave dates). I am not receiving any kind of compensation from the company while I’m on maternity (have to rely only on UIF payout) – do I have any obligation to do as they request or can I refuse?

Answer: No, maternity leave is exactly that, you are entitled to utilise your four months in the best interests of your child and yourself. No laws prescribe that you be available for work duties and/or advice unless you provide this out of the goodness of your heart. If you choose not to assist while on leave this is your choice and the company may not take any form of action against you. Any action taken against you whilst on maternity leave will be immediately considered discrimination.

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