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

Return from maternity leave and discover a different set of responsibilities, or notice a male colleague earning more despite similar roles. Despite progressive labour laws, many South African women still face workplace inequality. Women’s rights are protected under the Employment Equity Act (EEA) and the Basic Conditions of Employment Act (BCEA).

The EEA outlaws unfair discrimination in employment terms, including based on sex. It also enforces equal pay for equal work, with justifiable differences based on factors like seniority or performance. If pay disparity seems discriminatory, the employee can address it with their employer or pursue legal action.

Under the BCEA, women are entitled to a minimum of four months maternity leave, often starting four weeks before the due date. While the employer isn’t required to pay the full salary during this period, employees may receive maternity benefits through the Unemployment Insurance Fund (UIF).

The EEA also shields employees from pregnancy-related discrimination and dismissals, while the Labour Relations Act offers robust protection against dismissal due to pregnancy or related reasons. Workplace harassment is also against the law, with harassment based on a protected ground constituting unfair discrimination.

Seeking legal advice can be crucial when addressing pay disparities, harassment, or pregnancy-related discrimination. Legal Leaders Insurance members can access legal support to understand their rights and options. South Africa's Constitution guarantees equality and protects against discrimination based on gender, sex, and pregnancy. On Women's Day, empower yourself by knowing your workplace rights and knowing how to defend them.