All female employees who are expecting a child are entitled to four (4) months (unpaid) maternity leave. The maternity leave should preferably commence one (1) month before the expected date of the birth of the child. It is the employee’s responsibility to give you as the employer, at the very least, one (1) months’ notice of the commencement of maternity leave OR the possible date of the birth.

Employers are not legally obliged to pay employees during their maternity leave. The employee can claim maternity benefits through the Department of Labour, from the Unemployment Insurance Fund (UIF).

We often get the question whether annual leave accrues during the four (4) months’ maternity leave…. YES, it does…the employee is employed during these months, even though she is not working and therefore the leave accrues – whether the employee is paid or not during this period.

And lastly, the law is clear…. you must secure her job upon her return. You may change the role and/or responsibilities, but she has a job when she returns!

Many employers contribute to the employees’ salaries, however, mostly when the employee has shown loyalty and has been employed for several years. It is advisable, in this instance to enter into an agreement or contract that the employee will commit to employment after returning from maternity leave. While this is not a legal obligation, you may offer this to those employees who have been with you for a few years, is loyal, adds value and you do not want to lose them.

Let us know if you need some give guidance on these matters.

Enjoy the weekend, next week we start month 6 of 2026. Time waits for no-one.

Uluma HR Team