Human Resources South Africa

Maternity Leave in South Africa

Maternity Leave in South Africa

January 24
14:12 2011
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 –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn more than R115 572 per year
  • 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

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4 Comments

  1. buhle
    buhle September 25, 18:18

    is it possble to take maternity leave two weeks before due date?

    Reply to this comment
  2. Nomcebo
    Nomcebo February 10, 19:48

    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.

    Reply to this comment
  3. Monica
    Monica April 23, 10:25

    My UIF has been declined because I cannot trace one of my previous employees,I am back at work but I feel violated by the labour department.

    Reply to this comment
  4. Monica
    Monica April 23, 10:27

    My UIF has been declined because I cannot trace one of my previus employers who has been liquidated and no one seems to know where he has disappeared to.i do feel my right was violated as an employee.Please advice

    Reply to this comment

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