Maternity leave for domestic workers: what you need to know

🤰 Does my employee qualify for maternity leave?

Yes! under South African law, all employees are entitled to maternity leave, including:

Domestic workers
Part-time workers
Workers paid monthly, weekly, or daily

There is no minimum length of service required to qualify.

📅 How long is maternity leave?

Your employee is entitled to 4 consecutive months of maternity leave.
They may:

Start leave up to 4 weeks before the expected due date
Or take leave earlier if their doctor advises

They may not return to work within 6 weeks after giving birth, unless a medical practitioner says it’s safe.

💸 Do I have to pay my employee during maternity leave?

No! the law does not require employers to pay employees during maternity leave.
However:

Your employee can apply for UIF Maternity Benefits
AskMandla can help prepare the required documents

❤️ Some employers choose to pay all or part of the salary during this time as a gesture of support, but it is optional.

📲 What you need to do as an employer

✅ Step 1: Talk early

As soon as your employee tells you they’re pregnant:

Discuss the expected due date
Agree on when maternity leave will start
Set a clear return-to-work plan (with flexibility if needed)

✅ Step 2: Prepare documents

AskMandla will help you:

Log the leave
Generate the UIF forms
Provide proof of income and employment

✅ Step 3: Keep the job open

You must keep your employee’s job open for the full 4 months.

When she is ready to return, she should return to the same or a similar position.

📑 What if the employee wants to return early?

They can return after 6 weeks, but only if:

They feel ready
A medical practitioner confirms it is safe
You both agree on the return plan

Be flexible and kind. Some mothers may need more time. Others may want to return sooner due to financial pressure.

💬 Can I replace the employee while they’re away?

You may:

Hire a temporary replacement
But not give the original job away permanently
Not treat the pregnancy as a reason to end the job

📌 Dismissal based on pregnancy or maternity leave is automatically unfair and can lead to legal action.

🧠 What if she doesn’t come back?

If the employee chooses not to return after maternity leave, it may be considered a resignation.