Legal Q&A

Maternity Leave Rights in South Africa — Everything You Need to Know

Pregnant employees in South Africa are entitled to four months' unpaid maternity leave under the BCEA, plus UIF maternity benefits of up to 66% of salary. Know your rights.

Free South African Law

Direct Answer

Every employee in South Africa — regardless of contract type — is entitled to four consecutive months of maternity leave under the Basic Conditions of Employment Act. You can start leave up to four weeks before your due date. You are entitled to UIF maternity benefits during this period.

What the Law Says

Your Legal Foundation

Basic Conditions of Employment Act 75 of 1997

Section 25

“An employee is entitled to at least four consecutive months' maternity leave. An employee may commence maternity leave at any time from four weeks before the expected date of birth.”

Unemployment Insurance Act 63 of 2001

Section 25–32

“A contributor who takes maternity leave is entitled to maternity benefits from the UIF — calculated at a sliding scale of the employee's remuneration.”

What to Do

Step-by-Step Guide

1Give your employer notice at least four weeks before taking maternity leave — in writing. Include the expected date of birth.
2Apply for UIF maternity benefits at your nearest Labour Centre or via the UIF uFiling system. Apply within six months of the start of leave.
3Your job is protected. You have the right to return to the same or equivalent position on the same terms after maternity leave.
4If dismissed during or because of pregnancy, this is an automatically unfair dismissal. Refer to the CCMA within 30 days.

What to Say

Exact Words to Use

“"I am pregnant and I am notifying you that I will commence maternity leave on [date]."”

Tone: formal

“"I am entitled to four months' maternity leave under section 25 of the BCEA."”

Tone: assertive

Common Questions

Frequently Asked Questions

Is maternity leave paid in South Africa?

The BCEA does not require employers to pay during maternity leave (unless the contract or policy provides otherwise). However, UIF maternity benefits (up to 66% of salary) compensate during this period.

Can I be fired while on maternity leave?

Dismissal for taking maternity leave or due to pregnancy is automatically unfair under s187(1)(e) LRA. Refer to the CCMA within 30 days of dismissal.

Can a domestic worker take maternity leave?

Yes. The BCEA applies to domestic workers. Domestic workers are entitled to four months' maternity leave and UIF maternity benefits.

Get Help Now

Resources & Helplines

Department of Employment and Labour

0800 220 303

Labour rights and UIF queries
CCMA

ccma.org.za

Unfair dismissal referrals

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