In South Africa, employees are entitled to four months of unpaid maternity leave, starting up to one month before the expected due date, with protections against discrimination and job loss.
Key Aspects of Maternity Leave
Duration: Employees are entitled to four consecutive months of maternity leave under the Basic Conditions of Employment Act (BCEA). This leave can start up to one month before the expected date of birth and must include a mandatory six-week no-work period after childbirth unless a medical practitioner certifies that it is safe to return to work.
Payment: Maternity leave is generally unpaid. However, employees can claim maternity benefits from the Unemployment Insurance Fund (UIF), which typically provides benefits ranging from 38% to 60% of the employee's earnings, depending on their salary level. These benefits can be claimed online or at a Labour Centre.
Employer Obligations: Employers are required to hold the employee's job open during maternity leave and cannot discriminate against employees for taking maternity leave. They must also protect pregnant and breastfeeding employees from hazardous work conditions.
Notice Requirements: Employees must give their employer at least one month's notice before the commencement of maternity leave. There is no legal requirement for when an employee must inform their employer about their pregnancy, but it is advisable to do so to facilitate planning.
Accrual of Leave: Employees continue to accrue annual leave during their maternity leave, whether it is paid or unpaid.
Qualifying Conditions to apply for maternity benefits under the UIF Benefit:
The application should be made prior to the birth of a child or within twelve months of birth of the child
The contributor must be receiving less than the normal remuneration whilst on maternity leave.
Benefits are payable at a flat rate of 66% to a female contributor, for confinement or the period after birth of a child.
Maternity benefits will be paid for a maximum of 121 days.
In an event of a miscarriage or a stillbirth, benefits are paid for a maximum period of 121 days.
A contributor must have been employed for at least 13 weeks before the date of application for maternity benefits.
Benefits are payable is the difference between what the employer pays and the rate is prescribed in the benefits schedule of the Unemployment Insurance Act.
Requirements
Banking details UI-2.8 form.
13- digit Bar-coded South African ID / Passport /ID, Valid Foreign National passport/ID card/asylum seeker/refugee document.
Declaration in respect of remuneration received whilst on maternity leave. A completed Ul-2.7 form.
The application form UI-2.3.
Doctors certificate for expected date of confinement or after childbirth, the birth certificate.
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In South Africa, employees are entitled to four months of unpaid maternity leave, starting up to one month before the expected due date, with protections against discrimination and job loss.