Maternity Leave in South Africa: Your Rights and How to Claim UIF (2025)
Pregnant employees are entitled to 4 months of unpaid maternity leave. Learn about your rights, job security, and how to claim from the UIF.
Pregnancy is a joyous time, but it also brings financial anxiety. Many employees are shocked to discover that employers are NOT legally required to pay you while you are on maternity leave.
However, South African law does protect your job and gives you the right to claim benefits from the Unemployment Insurance Fund (UIF).
1. Your Right to Maternity Leave
Under the Basic Conditions of Employment Act (BCEA), every pregnant employee is entitled to 4 consecutive months of maternity leave.
When can it start?
- You can start maternity leave any time from 4 weeks before the expected date of birth.
- Or earlier if a doctor certifies it is necessary for your health.
Can I be fired for being pregnant?
Absolutely not. Dismissing an employee because she is pregnant, or for any reason related to her pregnancy, is automatically unfair dismissal. You can take your employer to the CCMA and claim up to 24 months' salary in compensation.
Must my employer pay me?
No. The law says you must get time off, but it does not force the employer to pay your salary during that time. Some companies offer paid maternity leave as a perk, but many do not.
2. Claiming UIF Maternity Benefits
If your employer does not pay you 100% of your salary during maternity leave, you can claim from the UIF.
How much will I get?
- You will receive between 38% and 66% of your salary, depending on how much you earn.
- Lower earners get a higher percentage (closer to 66%).
- Higher earners get a lower percentage (closer to 38%), capped at a maximum ceiling.
- Important: You cannot get more than 100% of your salary combined (Employer Pay + UIF).
Who qualifies?
- You must contribute to the UIF every month.
- You must have been employed for at least 13 weeks before the date of application.
3. How to Claim (The Process)
You should apply as soon as you go on leave. If you wait too long (more than 12 months), your claim will expire.
Step 1: Get the Forms
You need the following forms (available from the Department of Labour or uFiling):
- UI-19: Declaration by Employer (confirming your employment history).
- UI-2.7: Remuneration received while on leave (employer must fill this out).
- UI-2.8: Banking details (completed by your bank).
- UI-2.3: Application for Maternity Benefits (completed by you and your doctor).
- Medical Certificate: Confirming the pregnancy and due date.
Step 2: Submit Online (uFiling)
The easiest way is to register on uFiling (https://ufiling.labour.gov.za) and submit your documents electronically. This saves you from standing in long queues at the Labour Centre.
Step 3: Follow Up
UIF systems are often delayed. Keep your reference number safe and follow up regularly if you don't receive payment.
4. Returning to Work
Your employer must hold your job open for you. When your 4 months are up, you are entitled to return to the same position (or a similar one) on the same terms and conditions.
Breastfeeding Breaks
For the first 6 months after birth, you are entitled to two 30-minute breaks per day to breastfeed or express milk. This is a legal right under the Code of Good Practice.
FAQ
What if I have a miscarriage? If you have a miscarriage or a stillbirth in the third trimester (after 24 weeks), you are still entitled to 6 weeks of maternity leave and can claim UIF for that period.
Can my husband take leave? Yes. Fathers (and adoptive parents) are entitled to 10 consecutive days of Parental Leave. This is also unpaid by the employer but can be claimed from the UIF (66% of salary).
What if I adopt a child? If the child is under 2 years old, one parent is entitled to 10 consecutive weeks of Adoption Leave (claimable from UIF). The other parent gets the 10 days Parental Leave.
Need Help with an Unfair Dismissal?
If you were fired or demoted because of your pregnancy, you have a strong case.