Surrogate Mothering

Surrogate Mothering

Jan 25, 2011 Q&A by admin

Q

“May I have information on labour laws on surrogate mothering. I am employed and considering being a surrogate mother (once off) for a friend and need to know what to consider as I am employed and would not like to leave work. Do I need to disclose are there standing laws on this from an employer and employee point of view?”

PA

As far as I understand being pregnant in whatever form means you are entitled to the same benefits as a normal person taking maternity leave and I will if I were you only disclose the fact that I am pregnant and not anything else, in that sense there can be no fear of victimization against you. If there is any, I will gladly like to know of it and assist you with it.

Q

“I have a employer that has been employed as a subcontract worker, am I liable to pay him leave pay and give him a anual increase.”

PA

I think what we need to establish first is whether the person you are referring to is employed or working as an independent contractor because they cannot be the one, i.e. contractor and employed at the same time. May I recommend that you fax me the contract and let me have a look at the terms and conditions, as per number hereunder. In case he or she is an employee, then yes to leave pay and as per your discretion, with regards to annual increases, as long as you specifically agree on the terms and conditions in writing, as per legislative requirements.

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