The Quick Answer
Parents in South Africa share a pool of four months plus ten days of parental leave, divided between them however they agree. The employer does not have to pay for it unless the contract says so; the employee claims a UIF maternity benefit of 66% of earnings (capped) for up to 121 days. A birth mother may not work for six weeks after the birth unless certified fit, and dismissing anyone for pregnancy is automatically unfair.
Why this page exists
The law changed in October 2025. Any guide, template or contract clause that still says "four months maternity leave plus ten days paternity leave" as separate entitlements is describing law that no longer exists - and a contract that restates the old position invites a dispute the employer loses.
What Van Wyk Actually Changed
In Van Wyk v Minister of Employment and Labour, the High Court found the BCEA's parental-leave scheme unconstitutional because it entrenched the mother as default caregiver: four months for her, ten days for the other parent, and different rules again for adoption and surrogacy. On 3 October 2025 the Constitutional Court confirmed the order. The separate categories fell away.
| Before (pre-Oct 2025) | Now |
|---|---|
| Maternity leave: 4 consecutive months, birth mother only | One shared pool: 4 months + 10 days, all parents |
| Parental leave: 10 days for the other parent | Parents elect in writing how to divide the pool |
| Separate adoption and commissioning-parent rules | Same shared pool applies to adoption and surrogacy |
Two things did not change: the six-week post-birth recovery period for the birth mother stands, and the leave remains unpaid at the statutory level - the money comes from the UIF.
One shared pool, not two separate entitlements: the split the parents choose is what the employer records, not what the old law assumed.
How the Shared Pool Works in Practice
The election
The parents decide the split and give each employer written notice - ideally at least four weeks before the leave starts. Each employer only needs to know its own employee’s dates.
The timing
Leave may start any time from four weeks before the expected date of birth, or earlier on medical advice. The ten-day portion may be taken at the same time as the other parent’s leave.
The six-week rule
A birth mother may not work for six weeks after the birth unless a medical practitioner certifies she is fit. This is the employer’s duty to enforce, not the employee’s to waive.
Miscarriage and stillbirth
After a miscarriage in the third trimester or a stillbirth, the birth mother remains entitled to six weeks of leave, whether or not she had started leave already.
Who Pays: the Employer or the UIF?
The BCEA makes the leave a job-protection right, not a paid one. Unless your contract or policy promises paid leave, the employee's income during the leave is the UIF maternity benefit: 66% of earnings, capped at the UIF ceiling of R17,712 per month (a maximum of about R384 per day), for up to 121 days. The benefit is not taxed and does not use up ordinary unemployment credits.
The trap employers fall into
If the employee was never declared and contributions never paid - common with domestic workers and early-stage hires - there is no benefit to claim, and the employer can be held liable for what the employee lost. The fix costs 2% of salary a month; the failure costs four months of it.
Claiming the UIF Maternity Benefit, Step by Step
Confirm contributions are up to date
The benefit is only payable if UIF contributions were declared and paid. Check the last UI-19 declarations - if a domestic worker or a new hire was never registered, fix that first (the employer can be held liable for the benefit the employee could not claim).
Employer completes the UI-19 and salary schedule
The employer issues a UI-19 showing the employment and remuneration details, with the correct reason code (maternity is not a termination - the employment continues). Most claims that stall, stall here.
Employee registers on uFiling or at a labour centre
The claim can be lodged online at ufiling.labour.gov.za or in person. It can be submitted from 8 weeks before the birth and no later than 12 months after.
Submit the medical and banking documents
Certified ID, the UI-2.3 (application), UI-2.7 (remuneration while in employment), UI-2.8 (banking details confirmed by the bank), a medical certificate or birth certificate, and the UI-19. Incomplete packs are the number one cause of the notorious payment delays.
Payment and continuation
Payment is made in instalments against continuation forms; the full benefit runs up to 121 days at 66% of capped earnings. Diarise the continuation submissions - a missed one silently stops payment.
Every hire and termination in between also has a UIF paper trail - the UI-19. If that form is new to you, read the UI-19 employer guide.
Employer Obligations and Job Protection
The job stays open
The employee returns to the same position, or a comparable one on terms no less favourable. Restructuring someone out while on parental leave is the classic automatically-unfair fact pattern.
Dismissal is automatically unfair
Section 187 of the LRA: dismissal for pregnancy, intended pregnancy or any related reason carries a compensation cap of 24 months’ remuneration - double the ordinary cap.
Benefits continue
Medical aid and retirement contributions continue on whatever basis the contract sets. Silence in the contract creates disputes - say what happens during unpaid leave.
Keep the record
The written election, the notice dates, the medical certificates and the return date belong on the employee record. In a dispute, the employer without paperwork loses.
Fix Your Contracts: Free Van Wyk-Compliant Template
If your employment contract still promises "4 months maternity leave" as a separate entitlement, it restates law that fell away in October 2025. Our free employment contract template - editable Word plus print-ready PDF - carries the updated shared parental-leave clause, all BCEA Section 29 particulars, probation and notice clauses.
Track Parental Leave Without Re-Reading the Judgment
The shared pool sounds simple until two employees at two companies split it, one takes it in two blocks, and payroll asks what to deduct. Synthro tracks every BCEA leave type with the post-Van Wyk rules built in - the balance, the dates, the documents and the payroll handoff live in one place, and NALA answers the "can she start leave early?" questions with the section of the Act cited.
Frequently Asked Questions
How long is maternity leave in South Africa in 2026?
Since the Constitutional Court confirmed the Van Wyk judgment on 3 October 2025, the separate four-month maternity entitlement has become a shared parental leave pool: four months plus ten days that the parents may divide between them as they choose. A birth mother can still take the full pool herself - and must not work for six weeks after the birth unless a medical practitioner certifies she is fit to do so.
Is maternity leave paid in South Africa?
The BCEA does not require the employer to pay it - the leave is unpaid unless the employment contract or a company policy says otherwise. The employee claims a maternity benefit from the UIF instead: 66% of earnings, capped at the UIF contribution ceiling, for up to 121 days. Many employers top up the UIF amount voluntarily; whatever your policy is, it must be applied consistently.
How much does UIF pay for maternity leave?
A flat 66% of the employee’s earnings, capped at the contribution ceiling of R17,712 per month - a maximum of roughly R384 per day, paid for up to 121 days. The benefit does not reduce the employee’s ordinary unemployment credits, and it is not taxed.
When must an employee tell the employer she is pregnant?
The BCEA requires written notice of the dates the employee intends to start and return from leave at least four weeks before the start, or as soon as reasonably practicable. Leave may begin any time from four weeks before the expected date of birth, or earlier if a doctor certifies it necessary.
Can an employer dismiss an employee who is pregnant or on maternity leave?
No. Dismissal for pregnancy, intended pregnancy or any reason related to it is automatically unfair under Section 187 of the LRA - the CCMA can award up to 24 months’ remuneration, double the cap for ordinary unfair dismissal. The position, or a comparable one on no less favourable terms, must be available on return.
Do both parents now get leave in South Africa?
Yes. After Van Wyk, all parents - biological, adoptive and through surrogacy - share a single pool of four months plus ten days and may split it in any proportion they agree, taken in turns or (in the case of the ten days) together. Each parent claims UIF for their own portion.