A domestic worker is entitled to at least four consecutive months of maternity leave. You are not required to pay her salary during that time, but because she pays UIF she can claim a UIF maternity benefit for it. She has the right to come back to work afterwards, and she may not work for six weeks after the birth unless a doctor or midwife confirms she is fit. AskMandla records the leave and prepares her UIF paperwork.
How much leave
At least four consecutive months. She chooses when it starts, usually any time from four weeks before the due date. If she has a miscarriage in the last three months of pregnancy, or a stillbirth, she is entitled to six weeks' leave after it.
Paid or unpaid
You are not legally required to pay her normal salary during maternity leave. Because she has been paying UIF, she can claim a UIF maternity benefit for the period instead: 66% of her pay (counted up to the UIF earnings ceiling of R17,712 a month), for up to 121 days. She can claim before or after the birth, within 12 months of it. Some employers choose to top this up, but that is a choice, not a duty.
Job protection and the six-week rule
She has the right to come back to work after her maternity leave. Refusing to let her come back counts as a dismissal, and dismissing her because she is pregnant, or for any reason related to her pregnancy, is automatically unfair. She may not work for the first six weeks after the birth unless a doctor or midwife certifies that she is fit to.
How AskMandla helps
We record the maternity leave, keep her job and contract in place, and prepare the UIF paperwork she needs to claim the maternity benefit.