Entitlement
The employee is entitled to 4 months unpaid maternity leave. Maternity leave should begin one month before the expected date of birth of the child.
The process
When should the employee tell the employer?
The employee is obliged to give the employer one month’s notice of the commencement of maternity leave, there is no provision in the Labour legislation stipulating at what stage the employee must inform the employer that she is pregnant, except for the requirement that the employee is obliged to give the employer one month’s notice of the commencement of maternity leave.
The employee should tell the employer about the pregnancy at least 15 weeks before the beginning of the week your baby is due. If this is not possible (perhaps because the employee was unaware that she was pregnant) then the employee should tell the employer as soon as possible. Before this deadline, it is really up to the employee as there is no immediate rush, however be aware that health and safety laws mean that the employee will be protected from heavy lifting, working long hours and standing for extensive periods if the employer knows the employee is pregnant. Therefore it makes sense to inform them in order to avoid risk of harm to both the employee and the baby.
The employer is obliged to hold the employee’s job open for her to return from a period of maternity leave.
From which party is the maternity benefit paid?
Employers are not obliged to remunerate employees for maternity leave, and the employee must claim maternity benefits through the Department of employment & Labour.
The employer gives the employee form UI19 when on maternity leave. and the employee has to apply for the benefit, once the UIF approves the application only then would it be paid to the employee.
Employees on maternity leave have the right to claim from the UIF and may make an application for maternity benefits at any time before or after childbirth: provided that the application must be made within twelve months after the birth of the child.
How To Claim UIF Maternity Benefits?
Step 1: Get the documents ready: Before workers can claim, they must get the following documents ready:
13-digit bar-coded ID or passport
Form UI-2.8 for banking details
Form UI-2.7
Form UI-2.3 (application form)
Medical certificate from a doctor or birth certificate of the baby
Form UI-4 (follow-up form)
The salary schedule, as it's a general request from DOL
Step 2: Go to the nearest labour centre
Pregnant workers must go to the nearest labour centre themselves and hand in the documents. If they are too ill, they can organise for someone else to go in their place. Staff at the labour centre will assist them with all the processes and give them more information.
The process can also be completed online on Ufiling
Step 3: Follow all the instructions of the staff at the labour center
Staff at the labour canter may ask pregnant workers to go to the doctor again or to visit the labour center at certain times. Workers should do what they ask, or they may not be able to claim.
Call the UIF call centre for assistance: https://ufiling.labour.gov.za/uif/contact-us
How is the maternity benefit is calculated?
Maternity leave is calculated at 66% of average earnings, a figure taken 15 weeks before the expected due date.
The maximum income threshold is R17712, thus maximum maternity benefit is calculated at 66% x R 17712 per month = R 11 689.92 per month
The UIF benefit takes into consideration any payment made by the employer and is reduced accordingly. (UIF benefit is only possible if there is a reduction in the usual remuneration that the employee receives).
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