The Labor Legislation gives employees the right to receive four months of unpaid maternity leave, with one month’s notice. However, some legal considerations come into play, regarding the employee’s entitlements and obligations. This guide will take you through the maternity leave policy in South Africa, so dive right in.
Basic Conditions of Employment Act Maternity Leave
To qualify for maternity leave in South Africa, you must meet certain conditions given below.
- The employee must be working with the same employer for at least four months before the birth date.
- The nature of employment can be part-time, full-time, or even contract employees.
- The employee must provide an application for leave in writing to the employer. This should be provided at least 4 weeks before the birth date.
You must keep a record of this application notification. The employer must also attach the original one to the employee file.
Who Qualifies for Maternity Leave?
According to the Basic Conditions Employment Act, all employers and workers must follow the maternity leave policy except the following.
- The members of the National Defence Force, member of the National Intelligence Agency, member of the South African Secret Service, and unpaid volunteers working for charity.
The section of BCEA that regulates the working hours does not apply to the following.
- Employees working in senior management.
- Sales staff who travel and regulate their own working hours.
- Employees earning less than the amount stated in the Act.
- Employees working less than 24 hours in a month.
- Workers in emergency work are not included in the provisions.
Maternity Leave Forms
To receive maternity leave in South Africa, one must provide some documents along with the company’s signature maternity leave application form. This form will be kept by the employer in your file, and a copy of it will be given to you as proof of leave.
The documents required for the leave include your banking details
- A 13-digit barcoded South African ID document or passport
- A medical certificate from the doctor.
If you want to apply for a leave extension, the employer may require a new medical document stating your health condition.
How Much is Maternity Leave in South Africa?
The maternity leave of four months under BCEA is unpaid. The employees may not expect any monetary rewards from the employer, though they may be eligible for maternity benefits from the UIF Unemployment Insurance Fund. Despite the fact that the leave is unpaid, it does not alter the employee’s status and he/ she still remains entitled to the position.
Moreover, considering Section 2B of BCEA, it can be concluded that the annual leave may be used at the rate of one out of every 17 days of the maternity leave, to be paid by the employer. However, some employers may not combine the annual and maternity leaves, as they interpret it as a discriminatory act.
Maternity Leave Payment Calculator South Africa
As discussed above, you are not paid for maternity leaves by the employer, though you may be eligible for UIF assistance. Under the UIF policy, the employee will be paid between 38% and 60% of the average earnings over the six months before your claim. However, there is a cap on the monthly earnings at R17,772, which means employees earning above this amount will not be considered for the UIF maternity benefits.
How Long Is Maternity Leave in South Africa?
Maternity leave under the BCEA Basic Conditions Employment Act is at least four consecutive months for pregnant employees. In addition, the employee may take this leave earlier than one month before the due date, as required for health reasons.
Also, workers may not go back to work within six months after the birth unless their doctor suggests it is safe. However, in cases of leave extension, the employee must inform the employer and provide a medical certificate as proof.
FAQs
How much does UIF pay for maternity leave?
On maternity leave, the UIF pays you between 38% and 60% of your monthly income. Also, low-income earners have a high compensation rate (closer to 60%) while high-income earners will be paid closer to 38%.
Is maternity leave paid or unpaid?
The Employment Act maternity leave is unpaid for pregnant women. However, if their monthly income is less than R17,712, they may be considered for the paid UIF assistance.
How to calculate maternity leave days?
The Basic Condition Employment Act gives pregnant women a right to enjoy consecutive four months of leave, starting one month before the anticipated birth date. However, they may request the employer to receive earlier and extended leave on certain conditions.
Final Thoughts
In conclusion, a pregnant woman working in South Africa is entitled to four months of unpaid leave. Throughout this period, the employer cannot alter the employee’s status in the organization. After completion of the leave, the employee has the right to return to a reasonably suitable alternate job or the same position, depending on the company’s policy.
I hope this guide has cleared any confusion you had regarding BCEA maternity leave and UIF assistance during maternity leave.