INFORMATION AND GUIDELINES PAGE FOR MATERNITY UIF CLAIMS

THE FOLLOWING INFORMATION ON MATERNITY UIF APPLICATIONS WAS OBTAINED FROM THE DEPARTMENT OF LABOUR'S WEBSITE

BASIC GUIDE TO MATERNITY LEAVE

Pregnant women may take 4 months of maternity leave, starting 1 month before their due date.

APPLICATION

The Basic Conditions of Employment Act applies to all employers and workers, but not -

• members of the -
• National Defence Force,
• National Intelligence Agency, or
• South African Secret Service; or
• unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

• workers in senior management
• sales staff who travel and regulate their own working hours
• workers who work less than 24 hours in a month
• workers who earn more than R115 572 per year
• workers engaged in emergency work are excluded from certain provisions.

See

• Basic Conditions of Employment Act

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination

NUMBER OF LEAVE DAYS

Pregnant workers are entitled to at least 4 consecutive months of maternity leave.
Based on Legislation in Section 25, of the Basic Conditions of Employment Act

TIMING OF LEAVE

Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons.
 Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife say it is safe.
Based on Legislation in Section 25, of the Basic Conditions of Employment Act

SAFETY OF PREGNANT OR NURSING WORKERS

A worker who is pregnant or nursing may not do work that is unsafe for her or her child.
Based on Legislation in Section 26, of the Basic Conditions of Employment Act

APPLICATION

The Unemployment Insurance Act and Unmployment Insurance Contributions Act apply to all employers and workers, but not to -

• workers working less than 24 hours a month for an employer;
• learners;
• public servants;
• foreigners working on contract;
• workers who get a monthly State (old age) pension; or
• workers who only earn commission.

Domestic employers and their workers are included under the Act since 1 April 2003.
See  Unemployment Insurance Act No. 63 of 2001
Provides security to workers when they become unemployed.

WHO CAN CLAIM?

You cannot claim if you –

• get benefits from –
• the Compensation Fund for an occupational injury or disease; or
• any other unemployment fund; or
• have been suspended from claiming because of fraud.

You can claim if you are on maternity leave.
Based on legislation in Section 14, Section 24, Section 36, of the Unemployment Insurance Act

HOW LONG CAN I CLAIM FOR?

Workers can claim for 17 weeks (or 121 day)s.
 Workers who miscarry in the third trimester or have a stillborn child can claim for six weeks.
Based on Legislation in Section 24, of the Unemployment Insurance Act

HOW WILL I BE PAID?

Benefit payments will be deposited directly into your personal bank account.

TAX

No tax is payable on the benefits.

Based on Legislation in Section 34 of the Unemployment Insurance Act

OVERPAYMENT

If you get more money than you should, you must pay back the extra money.
Based on Legislation in Section 35, of the Unemployment Insurance Act