Equal pay and maternity leave: What the law says about women’s rights

From equal pay and maternity leave to protection against harassment and pregnancy discrimination, South African law gives women important workplace rights. Here is what employees need to know this Women’s Day. Imagine returning from maternity leave only to find that your core responsibilities have been handed to someone else, or discovering that a male colleague doing the same work is earning significantly more than you.

Despite South Africa’s progressive labour laws, many women continue to face barriers to equality in the workplace. In honour of Women’s Day, it is important to understand that workplace equality is not simply a corporate ideal — it is a legal right protected by legislation including the Employment Equity Act (EEA) and the Basic Conditions of Employment Act (BCEA). Here is what every woman should know about her rights in the South African workplace.

The EEA prohibits unfair discrimination in terms and conditions of employment, including unfair discrimination based on sex or gender. It also provides for equal pay for work that is the same, substantially the same or of equal value. Differences in remuneration may be justified where they are based on fair and rational criteria, such as seniority, experience, qualifications, performance or other legitimate factors.

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Where an employee believes a pay disparity amounts to unfair discrimination, she may raise the matter with her employer and, where appropriate, pursue a dispute through the relevant legal channels. Under the BCEA, an employee is entitled to at least four consecutive months of maternity leave. Maternity leave may generally begin at any time from four weeks before the expected date of birth, unless otherwise agreed or required for health reasons.

Although the BCEA does not generally require an employer to pay an employee her full salary during maternity leave, qualifying employees may be entitled to maternity benefits through the Unemployment Insurance Fund (UIF), subject to applicable requirements and benefit calculations. Employees also have important protections against pregnancy-related discrimination and dismissal. The EEA prohibits unfair discrimination on grounds including pregnancy, while the Labour Relations Act provides strong protection against dismissal for reasons related to pregnancy, intended pregnancy or reasons related to pregnancy. South African employment law also protects employees against workplace harassment.

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