Maternity Leave in South Africa
Pregnant women may take 4 months of maternity leave in South Africa, starting 1 month before their due date.
Application
The Basic Conditions of Employment Act applies to all employers and workers, but not -
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members of the -
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National Defence Force,
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National Intelligence Agency, or
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South African Secret Service; or
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unpaid volunteers working for charity.
The section of the Act that regulate working hours does not apply to:
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workers in senior management
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sales staff who travel and regulate their own working hours
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workers who work less than 24 hours in a month
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workers who earn more than R115 572 per year
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workers engaged in emergency work are excluded from certain provisions.
See
Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination
Number of Leave Days
Pregnant workers are entitled to at least 4 consecutive months of maternity leave in South Africa.
Based on Legislation in Section 25, of the Basic Conditions of Employment Act
Timing of Leave
Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons.
Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife say it is safe.
Based on Legislation in Section 25, of the Basic Conditions of Employment Act
Safety of Pregnant or Nursing Workers
A worker who is pregnant or nursing may not do work that is unsafe for her or her child.
Based on Legislation in Section 26, of the Basic Conditions of Employment Act
is it possble to take maternity leave two weeks before due date?
The department manager gave a score of 4 on performance management and HR advice that it be reduced to 3 because the employee was on martenity leave for 4 months even though the employee worked for eight months.Please advice.