Proposal to expand maternity leave rights in South Africa
The South African Law Reform Commission (SALRC) has called for comments on a discussion paper around maternity leave rights in South Africa.
The discussion paper specifically focuses on pregnant workers who are self-employed, with these workers falling into something of a legislative loophole under current maternity regulations.
South African mothers are entitled to four months of maternity leave and employees who contribute to UIF are also eligible to receive that benefit.
Some companies pay as much as 75% to 100% of a new mother’s salary while on maternity leave and if there is a shortfall, this can be claimed from the UIF.
“A gap currently exists in the state’s social protection system, in that self-employed workers in the informal economy are excluded from receiving maternity and parental benefits when the mother enters confinement,” the SALRC said.
“This situation exacerbates the socioeconomic problems of poverty and inequality between women and men in South Africa, prevents women’s full economic participation, and impacts on their reproductive choices.”
To address these issues, the SALRC has made the following recommendations:
- Government should extend the existing Unemployment Insurance Fund (UIF) system to self-employed workers in the informal economy. The definition of an ’employee’ in the Basic Conditions of Employment Act and the UIF Act should also be updated to reflect this.
- Self-employed workers should receive the same benefits as other workers under section 25 of the Basic Conditions of Employment Act. This includes at least four consecutive months of maternity leave which allows for absence from work while earning a salary.
- The existing child support grant should be extended to all pregnant self-employed workers in the informal economy who fulfil the criteria. The maternity support should be provided for nine months of pregnancy and be registered in the name of the expectant mother. It should then be converted into a child support grant after the birth of the child per section 6(a) of the Social Assistance Act.
- Government must accelerate the roll-out of early childhood development centres in informal workplaces and spaces where informal workers reside, such as street trading; waste recycling; city markets; informal settlements and townships. It is also recommended that municipalities be urged to take up this recommendation in their industrial development plans as part of infrastructure provisioning.
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