If you’re pregnant and working you may be wondering what your rights are when it comes to maternity leave.
We chat with expert Yusuf Boda at Legal & Tax, for the inside scoop on what pregnant moms in South Africa should know about maternity leave.
When must I notify my employer?
If you’re expecting, you should notify your employer in writing of your pregnancy, when your expected due date is, and an estimated timeframe of when you’ll begin your maternity leave, says Boda.
How long will the duration of maternity leave be?
You’re entitled to four consecutive months of maternity leave in South Africa. If you’ve had a miscarriage during the last three months of pregnancy or if you’ve had a stillborn, you’re still entitled to six weeks maternity leave, even if you haven’t started your maternity leave period yet.
Your maternity leave can start at any time from four weeks before your expected due date or when your doctor or midwife certifies that you have to go on maternity leave earlier due to health reasons.
You may not work until six weeks after giving birth unless your doctor or midwife states that you’re fit to do so. It’s also important to know that even though you’ve already given birth and are 100% well, you’re entitled to get time off work if your newborn baby is sick.
Will I get paid while on maternity leave?
Your employer is not legally obliged to pay you, but they are legally required to reserve your position in the company for the duration of your maternity leave. Some companies do offer paid maternity leave, while others don’t.
You can claim from the Unemployment Insurance Fund (UIF) if you’ve contributed to this fund for more than four months. The UIF will pay between 30% and 58% of the salary you earned while you were contributing to the fund. If you’re on maternity leave, you may only claim from this fund for up to 121 days.
