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Maternity leave

Last updated 2026-06-24

Maternity leave is the four consecutive months of unpaid statutory leave the Basic Conditions of Employment Act guarantees, with income during the period typically claimed from the UIF.

Maternity leave is the statutory leave the Basic Conditions of Employment Act (BCEA) entitles a pregnant employee to take, running for four consecutive months around the birth.

What it means

The BCEA entitlement itself is unpaid - the employer is not required to continue paying salary during the leave, though some contracts or collective agreements provide partial or full pay. Most employees instead claim a maternity benefit from the UIF for the period, provided their UIF contributions are up to date.

Where it fits in

Because the leave is unpaid by statutory default, payroll's role is largely about timing: stopping ordinary pay for the leave period (unless the employer tops up), continuing to reflect the employee correctly for UIF purposes, and ensuring records support the employee's UIF benefit claim.

Key rules

  • Statutory minimum is four consecutive months, which may start any time from four weeks before the expected birth date.
  • Unpaid by default under the BCEA - any salary continuation is a matter of contract or company policy.
  • Income replacement during the leave is typically claimed by the employee as a UIF maternity benefit.
  • Dismissing or disadvantaging an employee because of pregnancy or maternity leave is automatically unfair under South African labour law.

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