Rights Guide

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 2 related guides
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.
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Basic Conditions of Employment Act 75 of 1997
“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
“A contributor who takes maternity leave is entitled to maternity benefits from the UIF — calculated at a sliding scale of the employee's remuneration.”

Step-by-Step Guide

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
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
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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.

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