If you're a working mother you have a statutory right to a minimum amount of maternity leave. Your employer may also offer their own maternity leave scheme.

The Basics of Maternity Leave

Statutory maternity leave is for 4 months. You may be entitled to receive Statutory Maternity Pay at the discretion of your employer.

To qualify for maternity leave you must be an 'employee'. (There are three main categories of working individuals: 'employees', 'workers' and 'self-employed'. You're classed as an employee if you're working under a contract of employment. A contract need not be in writing - it exists when you and your employer agree terms and conditions of employment. It can also be implied from your actions and those of the person you are working for. Your contract will normally set out what you're expected to do. You'll usually be expected to do the work yourself - ie you can't send someone else to do your work for you.)

Personalised Help

You may claim from UIF (Unemployment Income Fund) for the time that you are on maternity leave, providing you were paying UIF while working. You can do this yourself, altough it is very time consuming and can be frustrating or you can use an agency that will sort it out for a fee.

Company schemes

Your employer may have their own scheme which could be more generous than the statutory scheme. Check your contact of employment or staff handbook for details or ask your employer. Your employer can't offer you less than the statutory scheme.

Qualifying for Statutory Maternity Leave

Pregnant employees are entitled to at least 4 consecutive months of maternity leave. You can take maternity leave one month before the due date, earlier or later as required by health conditions. Only UIF contributors may claim maternity pay benefits. You must have been emplyed as a contributor for at least 13 weeks int he year prior to the birth of your baby.

In addition, the fund will pay a benefit for a maximum of six months, provided you have not returned to work.

Surrogate Parents

If you and your husband, wife or partner are having a child through surrogacy you will not normally be eligible for statutory maternity or adoption leave. Any unpaid parental leave would have to be discussed with your employer.

Where to get help

• The Department of Labour should be able to offer you advice on maternity benefits. You can contact them on 012 309 4000 or www.labour.gov.za
• The South African Labour Guide offers advice and support, you can contact them at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
• If you are a member of a trade union, you can get help, advice and support from them.

Find out more about returning to work on our website.