11 December 2003

Maternity leave: What are your legal rights?

What does the Basic Conditions of Employment Act say about maternity leave?

  • According to the Basic Conditions of Employment Act, a woman is allowed four months’ maternity leave. She must go on leave four weeks before confinement and may not return before six weeks after labour.
  • To date the law does not stipulate that paternity leave must be granted.
  • Your company is not obliged to pay maternity leave. If a woman works for a company that does not offer maternity benefits, she can claim from the Maternity Benefit Fund if she has been contributing to the Unemployment Insurance Fund (UIF).

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