Female domestic workers are entitled to at least four consecutive months of unpaid maternity leave. Maternity leave should commence:

• any time from four weeks before the expected date of birth, unless otherwise agreed; or

• on a date from which a medical practitioner or midwife certifies that it is necessary for the domestic worker’s health or the health of the unborn child.

Domestic workers are also entitled to claim UIF benefits for the period of maternity leave (click to see Chapter 7 below).

Click to download copies of the relevant UIF forms necessary to claim maternity benefits from UIF

A domestic worker may not work for six weeks after the birth of her child unless a medical practitioner certifies that she is fit to do so (this is applicable for domestic workers who may not wish to take the full four months of maternity leave available to them).

Domestic workers are required to notify their employers on the date on which they intend to commence maternity leave and return to work after maternity leave. This should be done at least four weeks prior to the commencement of the maternity leave, or as soon as is reasonably practicable, and should also be dealt with in the contract of employment (click to see the contract of employment).

In the event of a miscarriage during the third trimester or a stillbirth, a domestic worker is entitled to at least six weeks maternity leave (irrespective of whether the domestic worker had already commenced maternity leave).

Employers are prohibited from requiring or permitting a domestic worker who is nursing her child to perform work that is hazardous to her health or the health of her child.