Employees are entitled to 4 months unpaid maternity leave commencing from 4 weeks before the expected due date, unless otherwise agreed on by the employee and employer, or on a date certified by a medical practitioner or midwife for the health of the employee and/or unborn child. No employee may work for 6 weeks after the birth of their child unless they are given permission from their doctor. Employees are encouraged to read and understand their contract of employment, or policy documents, should the employer give maternity benefits other than the legislated 4 consecutive months unpaid leave. If you are unsure of the wording in your contract, it is best to set up a meeting with your HR Manager or Director to discuss this, as there may be certain clauses that come with these benefits. Should your company award benefits while you are on maternity leave, the UIF will only pay out the portion that the company does not cover. If your company provides full salary payments, then no UIF benefits can be claimed.
All benefits that were in place before you go on maternity leave remain and continue to accrue. These include annual leave, salary increases, medical aid, etc. The deductions, should you be liable for these as part of your CTC (cost-to-company), can be discussed with your company should you not be able to afford this while on maternity leave. All policies remain in force while on leave such as termination clauses.
How to prepare and claim the benefits
The following documents are required for submission:
- ID or passport
- Form UI-2.8 for banking details
- Form UI-2.7 – employer to supply
- Form UI-2.3 – application form
- Medical certificate from a doctor or birth certificate of the baby
- Form UI-4 – follow up form
All the necessary forms can be downloaded at http://www.labour.gov.za
These documents must be collated and handed in by the employee at their nearest labour centre. Should the employee be unable to do this, they can nominate someone to assist them. Staff at the labour centre may request further medical evidence and may have other requests, which the employee should adhere to or the claim may not be processed.
