How does maternity leave pay work?

The employee is entitled to 4 months unpaid maternity leave. Maternity leave should commence one month before the expected date of birth of the child, and the employee is obliged to give the employer one month’s notice of the commencement of maternity leave. Employers are not obliged to remunerate employees for maternity leave, and the employee must claim maternity benefits through the Department of Labour.

There is no provision in the Labour legislation stipulating at what stage the employee must inform the employer that she is pregnant, except for the requirement that the employee is obliged to give the employer one month’s notice of the commencement of maternity leave. Annual leave continues to accrue to the employee during a period of maternity leave, whether such period of maternity leave is paid leave or unpaid leave.

The employer is obliged to hold the employee’s job open for her to return from a period of maternity leave.

I am often asked whether an employee on maternity leave continues to accrue annual leave during a period of maternity leave. There does not seem to be a clear answer, since different interpretations have been made by different people on this question.

Looking firstly at annual leave, The Basic Conditions of Employment Act, section 20 states that a leave cycle is a period of 12 months with the same employer immediately following the commencement of employment. It states further that in every such period of 12 months (leave cycle), the employee is entitled to a period of 21 consecutive days leave on full pay. This, as we all know, equates to 15 working days.

This provision for the annual leave entitlement in section 20 (1) and (2) does not make any exclusions to the entitlement – in other words, no employee is excluded from this entitlement and certainly it makes no exclusion based on maternity leave. 

This then would imply that the leave cycle of 12 months continues to accrue annual leave, irrespective of whether that 12 month leave cycle is interrupted by maternity leave or not. In other words, that fact that the employee may be on maternity leave – which is in fact unpaid leave – does not actually alter the status of the employee. Put differently, the employee on maternity leave continues to remain an employee of the employer – albeit that the employee is on unpaid leave.

In section 20 (2) (b), it is stated that by agreement, annual leave may accrue at the rate of 1 day for every 17 days on which the employee worked or was entitled to be paid.

Some employers have interpreted this to mean that, since the employee is on maternity leave, which is unpaid leave, the employee is then neither working nor is entitled to be paid – hence no annual leave accrues while on maternity leave. 

This however, would be true only if the employer and the employee had reached written agreement that section 20 (2) (b) would be the agreed basis for accrual of annual leave in that particular employment contract. 

In addition, it would seem to me to be an unfair discrimination (based on pregnancy) to exclude an employee from accruing annual leave whilst on maternity leave. It would in fact be a discrimination based solely on reasons related to pregnancy, and as such in my view would be an unfair discrimination.

Additional Information

I am often asked whether an employee on maternity leave continues to accrue annual leave during a period of maternity leave. There does not seem to be a clear answer, since different interpretations have been made by different people on this question.

Looking firstly at annual leave, The Basic Conditions of Employment Act, section 20 states that a leave cycle is a period of 12 months with the same employer immediately following the commencement of employment. It states further that in every such period of 12 months (leave cycle), the employee is entitled to a period of 21 consecutive days leave on full pay. This, as we all know, equates to 15 working days.

This provision for the annual leave entitlement in section 20 (1) and (2) does not make any exclusions to the entitlement – in other words, no employee is excluded from this entitlement and certainly it makes no exclusion based on maternity leave. 

This then would imply that the leave cycle of 12 months continues to accrue annual leave, irrespective of whether that 12 month leave cycle is interrupted by maternity leave or not. In other words, that fact that the employee may be on maternity leave – which is in fact unpaid leave – does not actually alter the status of the employee. Put differently, the employee on maternity leave continues to remain an employee of the employer – albeit that the employee is on unpaid leave.

In section 20 (2) (b), it is stated that by agreement, annual leave may accrue at the rate of 1 day for every 17 days on which the employee worked or was entitled to be paid.

Some employers have interpreted this to mean that, since the employee is on maternity leave, which is unpaid leave, the employee is then neither working nor is entitled to be paid – hence no annual leave accrues while on maternity leave. 

This however, would be true only if the employer and the employee had reached written agreement that section 20 (2) (b) would be the agreed basis for accrual of annual leave in that particular employment contract. 

In addition, it would seem to me to be an unfair discrimination (based on pregnancy) to exclude an employee from accruing annual leave whilst on maternity leave. It would in fact be a discrimination based solely on reasons related to pregnancy, and as such in my view would be an unfair discrimination.

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Complete Guide to NSFAS Online Loan Application for South African Students (2025)

If you are a South African student looking to pursue higher education but are facing financial difficulties, the National Student Financial Aid Scheme (NSFAS) is one of the most accessible funding options available. NSFAS provides financial aid in the form of bursaries and loans to qualifying students at public universities and TVET colleges in South Africa.

This guide will walk you through everything you need to know about the NSFAS loan application process, from eligibility requirements to application steps and frequently asked questions.

📌 What is NSFAS?

The National Student Financial Aid Scheme (NSFAS) is a government-funded financial aid scheme aimed at helping students from low- and middle-income households to access tertiary education without the burden of upfront fees.

NSFAS offers both bursaries and income-contingent loans:

  • Bursaries: For eligible students who meet academic and household income criteria (especially for TVET and university students).
  • Loans: For students who do not meet all bursary criteria or who are pursuing postgraduate qualifications not funded under bursary schemes.

✅ Who Qualifies for an NSFAS Loan?

To qualify for an NSFAS loan (especially for postgraduate students or programs not funded under the bursary system), you must:

  • Be a South African citizen.
  • Be financially needy, with a household income of less than R350,000 per year.
  • Have a valid South African ID.
  • Be enrolled or accepted to study at a public university or TVET college.
  • Not be funded through another bursary program that covers all expenses.
  • Maintain satisfactory academic progress (returning students).

📚 Courses Funded by NSFAS

NSFAS primarily funds undergraduate qualifications, but certain postgraduate programs (e.g., PGCE, postgraduate diplomas in education, and professional courses like LLB) may be considered under the NSFAS loan scheme, not bursaries.

If you’re studying:

  • Undergraduate degree or diploma: You are likely eligible for a full NSFAS bursary.
  • Postgraduate study: You may qualify for a loan, depending on the course and funding availability.

📄 Required Documents for NSFAS Application

When applying, make sure you have the following documents scanned and ready:

  1. Certified copy of your South African ID or Smart Card.
  2. Parent(s) or guardian(s) ID documents.
  3. Proof of income (latest payslips, UIF, or affidavit if unemployed).
  4. Consent Form signed by your parent(s)/guardian(s) to allow NSFAS to verify income.
  5. Proof of registration or acceptance at a public institution.
  6. Academic transcripts (for continuing or postgraduate students).

🖥️ How to Apply for an NSFAS Loan Online

Step-by-Step NSFAS Online Application Process (2025)

  1. Visit the NSFAS Website

    Go to: https://www.nsfas.org.za

  2. Create an Account

    • Click on “MyNSFAS” and register your profile.
    • You’ll need a valid email address and South African cellphone number.
    • Choose a strong password and verify your account via email or SMS.

  3. Login and Start the Application

    • After registration, log in to your MyNSFAS account.
    • Click on “Apply” to begin a new application.

  4. Fill in Your Personal Details

    • Input your ID number, name, surname, and other details exactly as they appear on your ID.
    • Provide household income information and living arrangements.

  5. Upload Required Documents

    • Upload all supporting documents in PDF or JPEG format.
    • Each document must be clear and under the size limit specified.

  6. Submit Your Application

    • Review your application for accuracy.
    • Click “Submit” and wait for a confirmation message.

  7. Track Your Application

    • Log in regularly to check your application status.
    • You will be notified via SMS and email at each stage of the process.

🗓️ Important NSFAS Dates (2025)

  • Application Opening Date: September 1, 2025
  • Application Deadline: January 31, 2026
  • Appeals Period: February 2026 (if rejected)
  • Disbursement: After registration and approval

Note: Dates are subject to change; always confirm on the official NSFAS website.

💸 What Does the NSFAS Loan Cover?

NSFAS funding typically includes:

  • Tuition fees
  • Registration fees
  • Accommodation (if living away from home)
  • Meals and transport
  • Learning materials (e.g., textbooks)

For loans, repayment is only required once you start working and earn above a threshold (around R30,000 annually, but subject to change).

🔄 NSFAS Loan Repayment

Repayments are:

  • Income-contingent – you only repay when you can afford to.
  • Administered by DHET (Department of Higher Education and Training).
  • Interest-bearing, but interest rates are low and favorable.

You can also apply for a partial loan conversion to a bursary if you perform well academically.

🔁 How to Appeal a Rejected NSFAS Application

If your application is rejected, you may submit an appeal via your MyNSFAS portal:

  1. Log into your MyNSFAS account.
  2. Click on “Track Funding Progress”.
  3. If rejected, click on “Submit Appeal”.
  4. Upload any missing or corrected documents.
  5. Provide a clear explanation or motivation.

📱 NSFAS Contact Information

📝 Final Tips Before Applying

  • Apply early to avoid system overload near the deadline.
  • Use your own email and cellphone number (do not use someone else’s).
  • Double-check that all your documents are certified and legible.
  • Keep a copy of your submission confirmation for reference.

By following this guide, you can confidently apply for NSFAS funding and move one step closer to achieving your academic and career dreams—without the burden of immediate financial pressure.

 

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