If the conditions of work of an employee are regulated by a Wage Regulation Order, the worker is allowed birth leave on full pay on the occasion of the birth of a child to his wife. The entitlement may vary depending on the Wage Regulation Order. Where the type of activity of work is not regulated by any W.R.O., the employee is entitled to one working day birth leave.

A pregnant employee can resort to maternity leave for an uninterrupted period of eighteen (18) weeks:

• First fourteen (14) weeks with full wages paid by the employer,
• Remaining four (4) weeks are optional and unpaid by the employer. However, if the employee chooses to avail herself of the four weeks optional maternity leave, or part thereof, the employee can apply to the Maternity Leave Benefit in terms of the Social Security Act to which the employee may be entitled.

The employee 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.

An employee is 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.

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.

Where a female employee resigns from employment without good and sufficient cause within six months from the date she  resumes work after availing herself of maternity leave, she shall be liable, to pay the employer a sum equivalent to the wages she received during such maternity leave.