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Maternity Leave for Domestic Workers: Leave, UIF Money and Job Protection
A pregnant domestic worker is entitled to four consecutive months of maternity leave, and her job is protected while she is away. You are not obliged to pay her during the leave — that is what the UIF maternity benefit is for, which is one of the big reasons UIF registration matters. Here is how the leave, the money and the law fit together.
Last reviewed June 2026 · wage figures from 1 March 2026
The leave: four consecutive months
A domestic worker is entitled to at least four consecutive months of maternity leave. Under the sectoral guidance the leave ordinarily starts four weeks before the expected date of birth, and she may not work for six weeks after the birth unless a medical practitioner or midwife certifies that she is fit to return.
Where possible, she should give you notice of when the leave will start and when she intends to return before the leave begins. Agree the dates in writing — the leave form on our leave hub has a maternity option for exactly this.
Is maternity leave paid?
Not by you, unless you agree to it. The employer is not obliged to pay wages during maternity leave, but the parties may agree that the worker receives part or all of her wage while she is off. Any top-up you agree should be recorded in writing, because it affects what she can claim from the UIF.
Note that maternity leave is separate from her other balances: it does not consume her annual leave, and annual leave continues to be part of her overall entitlement for the year.
The UIF maternity benefit: 66% of earnings
If you have been paying UIF (compulsory for any domestic worker working more than 24 hours a month, at 1% + 1% of the wage), she can claim a maternity benefit of 66% of her daily income, subject to the statutory earnings ceiling, for up to 121 consecutive days — roughly the full four months. The benefit is not taxed and is paid into her bank account.
A worker who has a miscarriage in the third trimester or a stillborn child can claim the benefit for six weeks. If you pay her a partial wage during leave, she can still claim from the UIF for the shortfall — only full pay extinguishes the claim. This benefit is the single best financial argument for registering and contributing properly: it converts unpaid leave into roughly two-thirds pay at no extra cost to you.
How to claim, step by step
1) Apply as soon as the maternity leave starts — do not wait for the birth. 2) Choose a channel: online via uFiling (ufiling.labour.gov.za) or in person at any labour centre. 3) The worker completes the application (form UI-2.3 at a labour centre) with her certified ID, a medical or maternity certificate showing the due date, and proof of banking details. 4) The employer's side: you must provide the UI-19 (and UI-2.7) declaration confirming her employment and pay — fill this in promptly, because a missing employer declaration is the most common cause of stuck claims. 5) After the birth, the birth certificate is added to the file.
To qualify she must have been a contributor — guidance indicates at least 13 weeks of employment before the application — so casual workers registered late in pregnancy may face problems. Register for UIF the month you hire, not the month she falls pregnant.
Job protection: she comes back to her job
Dismissing an employee because of her pregnancy, intended pregnancy or any reason related to her pregnancy is an automatically unfair dismissal under section 187(1)(e) of the Labour Relations Act — the most serious category of dismissal, attracting compensation of up to 24 months' remuneration. 'We replaced you while you were on maternity leave' is exactly the scenario the section targets.
Practically: keep the position open, employ any stand-in on a clear fixed-term basis ending on the worker's return, and confirm her return date in writing before the leave starts.
Health and safety during pregnancy
Use common sense and adjust duties during pregnancy and breastfeeding: shift heavy lifting, ladder work and harsh-chemical cleaning to other tasks, and allow rest as needed. The hard legal lines you must respect are the ones above — no work in the six weeks after birth without a fitness certificate, and no prejudice to her job because of the pregnancy.
If she is too ill to work during pregnancy before maternity leave starts, ordinary sick leave rules apply to those days.
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Frequently asked questions
Must I pay my domestic worker during maternity leave?
No — maternity leave is unpaid unless you agree otherwise. She claims a UIF maternity benefit of 66% of her earnings (up to 121 days) instead, provided UIF contributions are up to date.
How long is maternity leave for a domestic worker?
At least four consecutive months. It ordinarily starts four weeks before the expected birth, and she may not work in the six weeks after the birth unless a doctor or midwife certifies her fit.
Can I employ someone else while she is away?
Yes, on a fixed-term basis that ends when she returns. Replacing her permanently or dismissing her for pregnancy-related reasons is automatically unfair under the Labour Relations Act and can cost up to 24 months' remuneration.
What if I never registered her for UIF?
She cannot claim the maternity benefit, and you are non-compliant. Register immediately (uFiling or a labour centre) and regularise contributions — registration is compulsory for anyone working more than 24 hours a month for you.
Which forms are needed for the UIF maternity claim?
From the worker: the application (UI-2.3 at a labour centre, or via uFiling), certified ID, a maternity/medical certificate with the due date, banking proof and later the birth certificate. From you: the UI-19/UI-2.7 employer declaration.
Does she earn annual leave while on maternity leave?
Maternity leave does not replace her annual leave entitlement — the four months are a separate, additional right. Keep her annual leave balance running in your records and agree timing of remaining leave after her return.