Maternity, Paternity, and Parental Leave in Eswatini: A 2026 Guide
Maternity and paternity leave can be quite complex for employers and employees to navigate.
To help you better understand how maternity and paternity leave play out in Eswatini (formerly Swaziland), our experts have compiled this simple guide.
The law about maternity leave in Eswatini
Eligibility for Maternity Leave in Eswatini
A female employee qualifies for maternity leave once she has worked continuously for her employer for 12 months or more.
To claim it, she must give her employer a medical certificate (stating either the expected or actual delivery date) or other reasonable evidence. She can only claim this entitlement once every 24 months.
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Duration & pay for maternity leave in Eswatini
Maternity leave runs for a minimum of 12 weeks in total.
Of this, a female employee can take up to 6 weeks before the birth and must take at least 6 weeks after it. Only two of these weeks need to be paid in full by the employer. Beyond that, the employer has no legal obligation to pay for the rest of the leave, unless other arrangements apply.
If she chooses, and it isn't a fixed condition of her contract, the employee can agree to take less than 12 weeks total.
If the birth happens later than expected, or if the employee hadn't yet taken her pre-birth leave, the law adjusts the dates. In this way, she still gets her full entitlement, extending leave after birth where needed.
Illness related to childbirth in Eswatini
If a female worker becomes ill because of the birth, she can get up to 6 extra weeks of leave on top of the standard maternity leave, if a medical practitioner recommends it.
Nursing breaks in Eswatini
Once 3 months have passed since returning from maternity leave, a female employee is entitled to one paid hour per day for nursing.
Job protection for female employees in Eswatini
An employer cannot dismiss her, give notice of dismissal, or force her to resign:
- Between the day she informs them of her pregnancy and the end of her maternity or illness-related leave
- Because she is pregnant
This protection does not apply if she is dismissed for one of the specific lawful reasons set out elsewhere in the Act (section 36), such as serious misconduct.
Seniority and terms on return for female employees in Eswatini
When she returns to work, she must go back to her old job or an equivalent one, on the same pay and conditions as before.
Taking maternity leave cannot be used as a reason to demote her or worsen her terms.
Paternity leave in Eswatini
Under Eswatini's standard employment regulations, there is no legal requirement for employers to grant paternity leave.
Employers may offer paid or unpaid paternity leave at their discretion.
Some progressive local organisations and NGOs already voluntarily offer paternity leave as part of internal corporate policies, but this is not nationally mandated.
Looking forward for Maternity & Paternity Leave in Eswatini
In 2023, a seven-day paternity leave proposal was included in an Employment Bill tabled in Parliament. However, the bill stalled when Parliament was dissolved before it could be passed into law.
Disclaimer: The information contained in this article is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to this article or the information, products, services, or related graphics contained therein for any purpose.
About the Author
Grant Geraghty is a trusted HR and payroll compliance specialist with extensive experience across Africa. With a background in economics and payroll administration, he helps organisations navigate local regulations and streamline their expansion strategies on the continent.
Frequently Asked Questions
How long does an employee need to work for their employer before qualifying for maternity leave in Eswatini?
A female employee needs to have been in continuous employment with the same employer for at least 12 months.
She will also need to provide a medical certificate or other reasonable evidence confirming the expected or actual delivery date.
How much maternity leave is an employee entitled to in Eswatini, and is it paid?
The minimum is 12 weeks in total, split so that the employee takes up to 6 weeks before the birth and at least 6 weeks after.
Only 2 weeks must be paid in full by the employer. Beyond that, there is no legal requirement for the employer to pay unless the contract or company policy says otherwise.
What happens if the baby is born later than expected?
If the birth occurs after the date on the medical certificate, or if the employee had not yet started her pre-birth leave, the leave dates are adjusted. As such, she still receives her full entitlement, with the extra time added to her post-birth leave.
Can an employee take extra leave if she becomes ill after giving birth?
Yes.
If a medical practitioner recommends it, she can take up to 6 additional weeks of leave for an illness arising from the birth, on top of her standard maternity leave.
Can an employer dismiss an employee while she is pregnant or on maternity leave?
No.
The employer cannot dismiss her, give notice of dismissal, or pressure her to resign between the date she informs them of her pregnancy and the end of her maternity or illness-related leave, or simply because she is pregnant. This protection does not apply if she is dismissed for a specific lawful reason unrelated to her pregnancy, such as serious misconduct.
Is paternity leave a legal requirement in Eswatini?
Not currently.
There is no statutory obligation for employers to grant paternity leave, though some offer it voluntarily. A proposal for seven days of paternity leave was included in an Employment Bill in 2023, but it stalled when Parliament was dissolved, so it is not law.
