FAQ - Maternity Leave in South Africa
Are you are pregnant, or thinking about having a child, and you are working? It is important to know what labour laws apply when you are a pregnant employee in South Africa. Likewise, if you are an employer and a staff member is pregnant. Maternity Leave in South Africa is covered by labour law and includes the amount of time you can take leave, whether it is paid or not, how you can claim maternity benefits, and how your job is protected.
How long is Maternity Leave in South Africa?
Maternity Leave in South Africa for pregnant women employees is four months (17.32 weeks/121 days). This leave may begin at anytime from at least four weeks before the birth of the baby. The maternity leave may also be taken earlier if the woman's medical condition does not allow her to work. Six weeks leave has to be taken after confinement. A woman may join work earlier if a medical practitioner or midwife certifies that she is fit to return to work.
Is it Paid Maternity Leave?
By law your employer is not obliged to provide paid maternity leave. Some employers do pay full wages or a portion of wages for Maternity Leave, but this is subject to agreement, and is not compulsory for all employers.
However, if an employee has been contributing to UIF, they can claim maternity benefits from the Maternity Benefit Fund. They will be eligible for a maternity benefit of 38% to 60% of average earnings in the last six months, depending on the insured person's level of income. Benefits are paid for a maximum duration of 17.32 weeks (121 days). In the case of miscarriage in the third trimester or a stillborn child, the contributor is entitled to maternity benefits for six weeks (Unemployment Insurance Act, Section 12, 13, 24, 2nd Schedule).
How do I know that I will safe at work while I am pregnant?
The South African labour laws make provision for occupational health and safety on the job in South Africa to help keep workers safe.
How do I claim maternity benefits from the UIF (Unemployment Insurance Fund)?
To claim maternity benefits, you need to register at the labour office in person, organise for someone to go in your place, or register and claim online. All necessary documents must go with the applicant to the labour office.
What happens if I have a miscarriage?
In the event of a miscarriage in the third trimester of pregnancy or a stillbirth, the woman is entitled to six weeks of leave from the date of the miscarriage or stillbirth whether or not she has commenced maternity leave at the time of miscarriage or stillbirth.
Can I be dismissed when I am on Maternity Leave?
A dismissal would be seen as automatically unfair if the reason for the dismissal relates to pregnancy, intended pregnancy or any reason related to pregnancy (Labour Relations Act, section 185-187).
Do I have the right to return to my job after Maternity Leave?
Women are entitled to their jobs when returning from Maternity Leave and should not be discriminated against. The law considers it unfair dismissal if an employer does not allow an employee to resume work after availing her maternity leave. (Labour Relations Act, section 186). The law makes provision for job protection while you are pregnant.
Can I take Adoption Leave in South Africa?
Adoptive Parental Leave entitles one of the parents to 10 weeks consecutive unpaid adoption leave. If an adoption order is made in respect of two adoptive parents, only one may apply for Adoption Leave and the other for Parental Leave (which is 10 days). The selection of choice is up to the adoptive parents.
Parents who have legally adopted a child younger than two years and are contributors to the Unemployment Insurance Fund (UIF), can claim adoption benefits. To qualify for the benefits employees have to take leave from work or stop working to look after the child, and must be receiving less than their normal wages whilst on Adoption Leave.
Conclusion
South African maternity leave laws are there to protect pregnant women to stay safe on the job, and ensure payment while on maternity leave. They also ensure that no expectant mother can lose her job due to pregnancy. There are also additional laws that apply to working mothers once they have had their child, which you can find out in our breastfeeding section.
