By law, a pregnant employee is entitled to maternity leave. In the case of an employee who is pregnant, breastfeeding or has recently given birth, and who could be exposed to a risk at work that could jeopardise her health and safety and/or the pregnancy/the child, such employee is entitled to special maternity leave as long as the risk exists.

An employee is also entitled to time off without loss of pay or any other benefit, in order to attend ante-natal examinations, if such examinations have to take place during her hours of work.

A pregnant employee can resort to maternity leave for an uninterrupted period of fourteen (14) weeks; with full pay. As from 2012 the entitlement of maternity leave was extended to sixteen weeks and as from 2013, it will be extended to eighteen weeks. However if the employee chooses to avail herself of any additional maternity leave beyond the fourteen weeks, the employer shall not be obliged to pay any wages for those weeks of maternity leave which go beyond the aforementioned fourteen weeks, without prejudice to any relevant benefit in respect of any period of maternity leave which goes beyond fourteen weeks in terms of the Social Security Act to which the employee may be entitled.

She has to notify her employer in writing of the date when she intends to avail herself of such entitlement at least four weeks before its commencement, in so far as is reasonably practicable. The employee is obliged to avail herself of six (6) weeks of the total entitlement immediately after the date of confinement. Another four (4) weeks are to be taken immediately before the expected date of confinement, unless agreed otherwise between the employer and the employee. The remaining balance of entitlement to be availed of, in whole or in part may be taken, either immediately before or immediately after the aforementioned periods, as the employee may decide.

On termination of maternity leave, the employee has the right to resume work in the post formerly occupied on the commencement of the maternity leave and if such post is no longer available, to a related post.

This entitlement is regulated by the relevant Wage Regulation Order and by L.N. 439 of 2003 - Protection of Maternity (Employment) Regulations.


Disclaimer: On clicking the links above you will be redirected to an external website. The Department of Industrial and Employment Relations accepts no responsibility for the  content of this website.