Basic Guide to Maternity Leave

The Basic Conditions of Employment Act applies to all employers and workers, but not –

members of the –
- National Defence Force,
- National Intelligence Agency, or
- South African Secret Service; or
unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

workers in senior management
sales staff who travel and regulate their own working hours
workers who work less than 24 hours in a month
workers who earn in excess of an amount stated in terms of section 6 (3) of the Act
- workers engaged in emergency work are excluded from certain provisions.
workers engaged in emergency work are excluded from certain provisions.

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination

Pregnant workers are entitled to at least 4 consecutive months of maternity leave.

Based on Legislation in Section 25, of the Basic Conditions of Employment Act

Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons.

Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife say it is safe.

Based on Legislation in Section 25, of the Basic Conditions of Employment Act

A worker who is pregnant or nursing may not do work that is unsafe for her or her child.

Based on Legislation in Section 26, of the Basic Conditions of Employment Act