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Domestic Worker

Good day. My live-in domestic worker went on maternity leave from end November 2018. I have a temp who is assisting me since February. When she told me that she was pregnant, she indicated that the baby's granny will look after the baby. Since the baby was born early, in December she told me that she will come back in March instead of April. In January she said that the baby's granny said that he is too small and she must start in April. I agreed and asked her to confirm on 01 March if she will be returning on 01 April. Since she did not respond by 01 March I sent her a message on 8 March. Again she did not respond and I sent her a message on 18 March.

She has now indicated that the temp must work since she cannot come back on 01 April because the baby only has breast milk and she cannot bring him to work with her. I asked her if she is resigning and she then replied to ask if I could wait until end May for her. 

Please assist on how to deal with this to avoid her taking me to the CCMA.


Labour Protect


Good day, 

This matter must be addressed by an attorney. 

More information is required in order to assist you, I cannot advise you without further facts. 

The reason being is that the Labour Law protects the rights of domestic workers, there exists a separate collective agreement that sets out special requirements when it comes to domestic workers. The law adds special procedures that all employers must follow when they are giving maternity leave or trying to dismiss their workers.  

The fact that you said the worker is a live in worker poses further complications. 

If you can log on to the department of labours website and search for the collective agreement relating to domestic workers it could help you. You cannot assume that she has resigned from her job this will open you up to liability. 

Please seek further legal assistance

kind regards


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