Posted by: Nicky | 2007/05/04

Maternity Leave

I would just like to know if i am intitled to get maternity benefits, i have been working for a company for 4 years now, working 30 hour weeks, and i haven't signed a contract with them, what am i intitled to could you please help me!!!!

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Our expert says:
Expert ImageLabour lawyer

Once again, it needs repeating that you are not entitled to maternity benefits, no matter how long you have worked for them. The Labour Relations Act under the Conditions of Employment Act do not refer to any maternity benefits whatsoever. You are merely entitled to four months off and you may access the UIF form for maternity benefits.


The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

Our users say:
Posted by: Anonymous | 2016/07/21

I have a friend that got pregnant within less than a year been in the company can she get paid while being on maternity leave

Reply to Anonymous
Posted by: Noeleen | 2010/10/08

3rd time pregnant at the same company 1st pregnancy 2006, then 2007, now 2011 due wondering if there is anything I should be worried about in terms of maternity leave etc

Reply to Noeleen
Posted by: Dinkwina | 2010/08/23

Hi there,
Please help me, I''m working for construction company for three years, so my question is that I can''t get off and also there''s no annual leave because they say we are closing for December. But I want to know what I''m really titled for because even if my children is not feeling well I''m afraid to asked for days at work, please brief me about the industry that I''m working for,because they can''t give me clarity for this, it seems as if we are working unprofessional.

Reply to Dinkwina
Posted by: Ndumi | 2010/02/17

My cousin went to claim for martenity benefits .She was told that her application is declined because she claimed uif benefits in 2007 .She must wait for four years before she can claim.Do you know anything about this law.

Thank you


Reply to Ndumi
Posted by: Dinky | 2010/02/02

I have been working for my current company for 3 years, came back 2 days ago. My boss came to talk to me, told me they are going to place me under probation again. is this legal? what is my right?

Reply to Dinky
Posted by: Anonymous | 2009/05/29


I am in a same sex relationship, and we are thinking of having a child. This would obviously mean that we would make use of a sperm bank, and so I would carry our child. According to my employment contract I am entitled to my 4 months maternity leave... But what about my partner..? She will adopt the baby and it would be as much her new born as mine...? Does she only get ' Family responsibility leave'  of 3 days?

Please advise, s obviously we would like her to also be at home with the baby the first 4 months or so...? Is it possible to negotiate with our employers that she also have maternity leave?

I look forward to your answer. Thank you

Reply to Anonymous
Posted by: Anonymous | 2009/05/13

I would like to know, under what circumstances does a company have to pay an employee while on maternity leave.

Reply to Anonymous
Posted by: luza | 2009/02/05

My company does not pay maternity leave, so i would have to claim UIF. I started working in 2004 approximately how much would i receive from the UIF every month? My baby is due in April, when do i need to go to Department of Labour

Reply to luza
Posted by: HOPEFULL | 2008/11/06

the company i work for has no maternity guidelines in place, the last time someone went on maternity leave was 18 years ago. How do i negotiate some benefits from them - i' m conserned about my provident fund being paused while i' m not working, aslo my medical aid - they pay half at the moment. it would be a great help if they could continue paying their portion and my portion while i' m on maternity leave. do i have the right to ask this of them - i have been loyal to them for 7 years.

many thanks

Posted by: Stu22 | 2008/10/08

I qualify for paid maternity leave from my company. However, their policy states that should I wish to leave prior to completing a years service after receiving paid maternity leave that the money becomes due back to them. Is there a way of avoiding that?

Reply to Stu22 | 1 comment (hide)
Posted by: Anonymous | 2016/05/26

Hi, Did you receive an answer on the below as I am currently in the same situation and need so advise on this. My email address is

Posted by: Kelly | 2008/09/16

Good morning..

I was working for a company till July 31 this year i left due to other reasons not that i was pregnant or wanted to leave.
I then found a new job and have been working here since 4 August. I am only working as a tempand am due on the 31 Jan 2009 i am worried cos i will not have a job when i go on ' maternatiy leave'  i will be unemployed and i will need money for me and my child (as i am a single perant) what are my options to claim money or is there any advice that i can recieve from someone...

PLEASE help me i am 21 weeks pregnant now so i am running out of time if i need to make alternative plans...

Kindest regards,


Reply to Kelly
Posted by: new on this 1 | 2008/09/04

im an intern and i want to know my rights based on maternity leave

Reply to new on this 1
Posted by: kkk | 2008/09/02


Reply to kkk
Posted by: mizkay | 2008/09/02

I have been working temporarily for 6months for a company. they just appointed me permanent a month ago.i just found out i am 3 months pregnant. could this cause a problem for me?


Reply to mizkay
Posted by: LEONIE | 2008/09/02

I am currently 4-6 weeks pregnant and know that I will have to claim uif when I go on maternity leave next year. I currently earn about R10 000 a month. How much will I receive in uif when I claim per month?

Reply to LEONIE
Posted by: Kida | 2008/08/26

I have been booked off early by my orthopaedic surgeon for a condition called SPD. I have worked for my company for 5 and half yrs and then resinged due to relocating to KZN. I needed time to settle down and settle my son into his new school. He is in grade 1 which is an important yr for him. He needed alot of my attention as we left his dad behind. His father and I have been divorced since 2003. He has a very close relationship with his dad. I am now employed by the same company but different dept in KZN. Which means that I have started a new contract with them. Would i qualify for temporary disability leave, special leave or unpaid leave during this last three months of pregnancy. I am aware that the maternity leave will be unpaid as I am not working for them a full yr as yet.Ifell pregnant the same month that I started with the new job. My company is suggesting that the 3months be taken as unpaid leave and I feel that this is pure discrimination against my pregnancy. Please help me. I need the money.

Reply to Kida
Posted by: anonymous | 2008/08/21


i work for the joburg company, and i am heavily pregnant. the thing is we only have unpaid maternity (company policy), is this within the labour law? please advice


Reply to anonymous
Posted by: Sai | 2008/08/21


After my 1st month at a new company I found out that I was way pregnant (5mths). I found out due to complications that had me admitted to hospital - the company wasn' t very pleased and threatened to let me go. They have deducted UIF and Paye from my salary for the past 2 months but I' m not registered. I also haven' t received my salary as agreed due to KPI not being done on time. They' re actually expecting me to resign - what am I to do in this situation????? I am really worried!

Reply to Sai
Posted by: Zel | 2008/08/19

I work at a clinic in Centurion. There policy is to only pay you 30% of your salary a month. That won' t cover the basics.
A lady that works with me got pregnant in her first year at the clinic, not planned. She didn' t receive a cent for the four months.
Is this right?

Reply to Zel
Posted by: Cor | 2008/08/19


Are you allowed to resign during maternity leave when you are working for the goverment?

Thank you

Reply to Cor
Posted by: Peggy | 2008/08/18

To whom it may concern

I work at a company that has just recently changed their rules and regulations. They state that they are prepared to pay one full months salary if you have worked at the company a full permant year. The problem that i was on ' probation'  for three months as i signed a THREE month probation contract. The problem is, is that they only made me permanent 6 months after i had started here. They didn' t make me sign another three months at all. Am i entitled to a fulls months pay? I kept quiet about the fact that they didn' t make me a permanent staff member as was origionally promised due to the fact that i was scared that i would lose my job.

Reply to Peggy
Posted by: carol | 2008/08/18

if an employer is on maternity for 6 month and get only 4 month payed leave and 2 unpayed leave,must the campany reqest that he or she must pay for the medical and provident fund for the 2 unpayed month. Is the any law supporting or agaist this.

Reply to carol
Posted by: Anita | 2008/08/18

My employer did not pay me while on maternity leave. Is this right

Reply to Anita
Posted by: Tinkie | 2008/08/14

Hi do you get paid if you go on maternity leave, or is it for the Bosses to decide?

Reply to Tinkie
Posted by: monkey | 2008/08/10

in my contract it states that when on maternity leave we will be paid halve salary. (and the other halve you can claim from uif)
when i was seven months pregnant (one month ago) my employer said that they will not pay anything, and if we wanted to take it further we should. he did not want to put it in writing as i requested. what are my rights and how must i take it further?

thank you,

Reply to monkey
Posted by: Ntombi | 2008/08/09

am i entitled to my salary while i' m on maternity leave?

Reply to Ntombi
Posted by: Roxanne | 2008/08/07

To whom it may concern

If the company pays out annual bonus, am i still entitled to my bonus, My baby is due November 2008 and the company bonus gets paid December, Do i still receive this as Im not resigning, Im just on maternity leave.

Reply to Roxanne
Posted by: anonimos | 2007/09/15

how will i cope without money when im on maternity leave? What is the next step to take for maternity UIF?

Reply to anonimos
Posted by: Boiki | 2007/09/03

My wife is pregnant with our 3rd child, the previous company have paid for maternity leave benefit.The current employer wants to change the policy to non-payment, because 3 of the african ladies in the company are pregnant. Is this in order? Where can we go for advice?

Reply to Boiki
Posted by: Melanie | 2007/08/28

As a single pregnant woman going on maternity leave, how am I going to make ends meet when I go on Maternity leave? Is there any options available to me? My company wont pay!

Reply to Melanie
Posted by: christina | 2007/06/13

Is a employer allowed to give full paid maternity leave to two other employees, who did not sign a contract & worked for 2 years or less and is now not willing to pay maternity leave to a employee who worked for 5 years & more & does not have a contract at all? How do one handle this?

Reply to christina
Posted by: nalini | 2007/06/08

i worked throughout my pregnancy .finished off the saturday and the following friday gave birth to a precious baby boy.
i was advised by my employer that i would be givn four months maternity leave and any annual leave outstanding.
i got back to work after my leave and lo and behold the person i thought that would be temping while i was away was permanently employed in my position.
unfortnately i did not have a signed contract stating of my postiion in the company.i did have a signed contract of the position that i had initially started in the company as.
what are my rights ?
I initially was an assistant then i became business manager but when i went back to work i was told that i was now an assistant!!!
pls help me as i have been treated terribly and have been discriminated against.
i resigned from there and now i am a temp at another company!

pls help

Reply to nalini
Posted by: Tokkie | 2007/06/08

what i would like to know is:what happens when you are on maternity Leave and you cant go back to work.Does that mean you must pay the amount that has been paid to you back or how does this work.For example complications after delivery and no one to look after your baby.

Reply to Tokkie
Posted by: Fireman | 2007/06/07

Why does all and sundry always blame the companies for everything that goes wrong in this world? If you refer to the UIF Act, it clearly states that "the employee's UIF benefit will be REDUCED by ANY amounts she receives from her employer!" That's why most companies DON'T pay any monies to staff while on maternity as this will result in the employee having UIF benefits reduced, AND both employee AND employer be possibly prosecuted by Government for not declaring payments received by the employee from her employer? Does government not also have responsibilities as the cost to a company to employ staff is VERY, VERY HIGH! Furhermore, do the companies write the law? Governemnt should be taken to task here, not employers!

Reply to Fireman
Posted by: Also pregnant | 2007/06/07

All I can say is that these companies are disgusting. These our also your children we are bringing into the world. Wouldnt you want your wife or children to be paid when they go on maternity leave?

My company never paid, and I had a heart to heart with the boss and showed him how little UIF pay, and that he does not hire anyone in my place when I go off on leave.(i.e he incurs no extra expenses) He has now agreed to 100% benefits!

Speak to your bosses and make them aware!

Reply to Also pregnant
Posted by: Calibre | 2007/05/06

You are entitled to Basic Conditions of Employment minimum benefits which is 4 months unpaid, 1 month before prior to the birth and you may not return before 6 weeks post birth.

Reply to Calibre

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