SA among worst globally for maternity pay — but what does the law say?

South Africa has been placed at the bottom of global maternity leave rankings alongside the US, Papua New Guinea and Tonga. This is according to the Global Maternity Leave Report 2025 by UK-based Moorepay.

While South African law entitles mothers to four consecutive months of maternity leave, there is no guarantee of maternity pay.

“South Africa offers no statutory maternity pay. This leaves women reliant on unemployment insurance funds or employer goodwill during a critical period of recovery and childcare,” said the report.

The report calculated the real value of maternity pay in different countries based on national incomes and purchasing power.

At the top of the list is:

• Norway, where mothers can receive up to 663,132 krone (R1.1m) in direct pay.  Adjusted for cost of living, this climbs to R1.5m in international value.
• In Finland the maximum maternity pay is R795,000, but in purchasing power terms it rises to about R882,000.
• Romania pays far less in direct terms at about R391,000, but the low cost of living pushes its real value to R940,000, leapfrogging Finland.

By comparison, South Africa offers zero guaranteed maternity pay.

The cornerstone of maternity leave legislation is the Basic Conditions of Employment Act (BCEA), which grants every pregnant employee the right to at least four consecutive months of maternity leave. This applies regardless of length of service or working hours.

Importantly, maternity leave is a statutory entitlement that cannot be waived by agreement between employer and employee. Women must take at least six weeks after birth before returning to work, unless certified fit by a doctor or midwife.

The Labour Relations Act protects women against dismissal for pregnancy-related reasons. It declares that firing someone because of pregnancy, intended pregnancy or related reasons is automatically unfair.

Unlike in Norway, Finland and the UK, South African employers are not legally obliged to pay salaries during maternity leave. Instead mothers may claim benefits through the Unemployment Insurance Fund (UIF), administered under the Unemployment Insurance Act. This provides up to 66% of a worker’s salary, subject to certain limits, for the duration of maternity leave.

To qualify, employees must have contributed to UIF, must not be working during the claim period and must apply within six months of birth.

Under the Occupational Health and Safety Act employers must ensure a safe working environment for pregnant employees, which may require adjusting duties or hours.

The Employment Equity Act prohibits discrimination based on pregnancy, ensuring women cannot be denied promotions, training or fair treatment due to maternity status.

Employees must notify their employer in writing at least four weeks before starting maternity leave, as per the BCEA.

In a landmark October 2023 ruling, the Gauteng High Court court found aspects of South Africa’s maternity and parental leave framework unconstitutional. Specifically, it held that granting mothers four months’ leave while limiting fathers or partners to 10 days was discriminatory. The judgment prompted calls for reform to ensure more equitable parental leave.

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