How much maternity leave does a domestic worker get and is it paid?
Short answer
A domestic worker is entitled to at least 4 consecutive months of maternity leave under the BCEA. The employer is not obliged to pay the wage during this time — instead, the worker claims UIF maternity benefits from the Unemployment Insurance Fund, provided the employer has been registering and declaring her each month. She may start leave up to 4 weeks before the expected birth and may not work for 6 weeks after the birth unless a doctor certifies she's fit.
Step by step
1Agree the maternity-leave dates in writing (up to 4 weeks before the due date).
2Confirm her UIF declarations are up to date — this is what makes her claim possible.
3Give her a UI-19 and copies of recent payslips for the claim.
4She applies for UIF maternity benefits at a Labour Centre or on uFiling, with ID, banking details and medical proof.
5Keep her position open; she returns after the leave (no work for 6 weeks post-birth unless certified fit).
The leave: 4 consecutive months
Under BCEA s25 a worker is entitled to at least 4 consecutive months of maternity leave. She may begin it any time from 4 weeks before the expected date of birth (or earlier on medical advice), and she may not return to work for 6 weeks after the birth unless a medical practitioner or midwife certifies that she is fit to do so. Her job must be kept open for her return.
Is it paid? UIF, not the employer
The BCEA does not require the employer to pay wages during maternity leave (some employers choose to top up, but it isn't compulsory). Instead, the worker is paid through UIF maternity benefits — which is exactly why monthly UIF declarations matter. If you've been registering and declaring her each month, she can claim; if you haven't, her claim is much harder, and you were in breach of your UIF duties anyway.
How the worker claims UIF maternity benefits
The worker applies to the UIF — at a Labour Centre or via uFiling — with her 13-digit ID, banking details, a medical certificate or proof of pregnancy/birth, and her UIF/employment details. UIF maternity benefits can be claimed for the period of maternity leave. She should apply as soon as the leave begins; benefits are paid into her bank account. As the employer, give her a UI-19 and any records she needs.
The employer's part
Keep her UIF declarations current, agree the leave dates in writing, keep her position open, and provide the UI-19 and payslips she needs to claim. You are not paying her wage during the leave, but you are the reason she can claim — declare her every month. This is a compliance tool, not legal advice.
Frequently asked questions
How much maternity leave does a domestic worker get?
At least 4 consecutive months under the BCEA. She may start up to 4 weeks before the birth and may not work for 6 weeks after unless certified fit.
Do I have to pay her during maternity leave?
No, the BCEA does not require it. She claims UIF maternity benefits instead — which depends on you having declared her to the UIF each month.
How does she get paid during maternity leave?
Through UIF maternity benefits, claimed at a Labour Centre or on uFiling with her ID, banking details and medical proof. The money is paid into her account.
Must I keep her job open?
Yes. Maternity leave is job-protected — her position must be kept open for her return.
Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.