Permits & People

Maternity and Paternity Leave Tanzania: 84 Days, Who Pays, Payroll Cost and Zanzibar

Cover: maternity and paternity leave for employers in Mainland Tanzania and Zanzibar under Cap. 366 and the Labour Laws (Amendments) Act No. 4 of 2025
Sections 33 and 34 of the Employment and Labour Relations Act, as amended in March 2025, set the Mainland floor for parental leave. As at 17 October 2026.
Direct answer

How much maternity and paternity leave must a Tanzanian employer give? On the Mainland, the Employment and Labour Relations Act gives at least 84 days of paid maternity leave, or 100 days for more than one child, for up to four terms. A premature birth adds paid leave up to 40 weeks of pregnancy. Fathers get 3 paid days, or 7 for a premature birth. Zanzibar has its own rules.

Zatra's employer guide to maternity and paternity leave Tanzania payroll teams must apply, with the 2025 changes and Zanzibar.

What the law says about maternity and paternity leave

On the Mainland, parental leave sits in Part III, Sub-Part D of the Employment and Labour Relations Act, Cap. 366 (ELRA). The Revised Edition of 2019, hosted by the ILO, keeps the section numbers of the 2004 Act. The TanzLII text of the 2004 Act carries the penalty section.

Section 33 sets maternity leave and section 34 sets paternity and compassionate leave. Section 30 defines the leave cycle: for leave other than annual leave, it is 36 months of consecutive employment.

The Labour Laws (Amendments) Act No. 4 of 2025 changed both sections. It received assent on 4 March 2025 and was published on 14 March 2025. It has no separate commencement clause.

After the renumbering, the four-term limit is section 33(9) and nursing time is section 33(11). Older texts, and regulation 15 of the Employment and Labour Relations (General) Regulations, GN 47 of 2017, still cite the pre-2025 numbers.

Social security sits in a separate law. The National Social Security Fund Act, Cap. 50 R.E. 2015 provides a maternity cash benefit in sections 44 and 45. Zanzibar follows its own Employment Act No. 11 of 2005, covered below.

Who is affected

The six-month rule limits paid leave only. It does not remove the protection against dismissal or discrimination on grounds of pregnancy, which applies from the first day. Public servants on PSSSF terms follow public service rules as well; this guide is written for private employers.

How many days of maternity leave does an employee get?

Section 33(6) sets the core entitlement within any leave cycle: at least 84 days of paid maternity leave, or 100 days where the employee gives birth to more than one child at the same time. The table sets out each rule as amended in 2025.

RuleWhat the Act requiresSection (2025 numbering)
NoticeWritten notice at least 3 months before the expected date of birth, with a medical certificates.33(1)
Start of leaveAny time from four weeks before the expected date of confinement, or earlier on a medical practitioner's certificates.33(2)
After the birthNo work within six weeks of the birth unless a medical practitioner certifies the employee fits.33(3)
ReturnThe employee may resume work on the same terms and conditions at the end of her leaves.33(4)
Hazardous workNo employer may require or permit a pregnant employee to do work hazardous to her health or her child'ss.33(5)
Single birthAt least 84 days of paid leaves.33(6)(a)
Multiple birthAt least 100 days of paid leaves.33(6)(b)
Child dies within a yearAn additional 84 days of paid leave within the cycles.33(7)
Premature birthPaid leave from the birth to the completion of 40 weeks of pregnancy, then the normal leaves.33(8), added in 2025
FrequencyThe employer must grant paid leave for 4 terms of maternity leave onlys.33(9), formerly s.33(8)
Alternative workWhere hazardous work applies, suitable alternative employment if practicables.33(10), formerly s.33(9)
Nursing timeUp to two hours a day during working hours to feed the childs.33(11), formerly s.33(10)

Section 30(1)(c) defines paid leave as leave calculated on the employee's basic wage. That is the statutory floor. A contract, policy or collective agreement can pay full remuneration, including allowances, and many do.

A fifth pregnancy with the same employer keeps the protections of section 33, but the leave need not be paid. Our guide to annual, sick and other leave entitlements explains how the 36-month cycle runs alongside annual leave.

What changed for premature births in 2025?

Before March 2025, time in hospital after a premature birth used up the mother's 84 days. Section 8 of Act No. 4 of 2025 closes that gap. An employee "who gives birth to a premature child is entitled to a paid maternity leave from the date of giving birth up to completion of the forty weeks of pregnancy". She then also takes the leave "provided under subsection (6) within the leave cycle."

The calculation has two parts:

  1. Count the weeks from the birth to week 40 of the pregnancy. A birth at 32 weeks gives 8 weeks, or 56 days.
  2. Add the normal entitlement under section 33(6): 84 days, or 100 for a multiple birth.

A birth at 32 weeks therefore gives 140 days of paid leave. The Act does not define "premature" or say how the gestation age is proved. A medical certificate stating the gestation at birth is the practical evidence, and section 33(12) (formerly 33(11)) defines the medical certificate for this section.

Independent notes agree on the substance. Clyde & Co (30 April 2025) describe the premature birth leave as additional to the ordinary leave. A Daily News report of 12 February 2025 says paternity leave rose from three days to seven. That overstates the change: the Act gives 7 days only for a premature birth.

Who pays maternity leave: the employer or NSSF?

The employer's duty. Section 33(6) of ELRA calls the 84 days "paid maternity leave". The duty to pay sits with the employer, subject to the six-month service rule and the four-term limit.

The NSSF benefit. Sections 44 and 45 of the NSSF Act give an insured woman a cash benefit of 100 percent of her average daily earnings for twelve weeks, plus pre-natal and post-natal medical care. Section 44 sets the conditions:

The NSSF maternity benefits page adds the procedure. The rate is 100 percent of Average Insurable Daily Earnings, based on the six months before the 20th week of pregnancy. NSSF pays 28 days in the 39th week of pregnancy and 56 days after the birth. The claim must be lodged within 84 days of confinement. The ISSA country profile (policies as at 1 July 2022) reports up to 100 days for multiple births.

The gap. Neither Act says that the NSSF benefit reduces the employer's duty, or that salary paid by the employer reduces the benefit. Section 47(1) of the NSSF Act bars two NSSF benefits for the same contingency; it says nothing about wages. The WageIndicator summary for Tanzania states that the employer pays the leave and the Fund pays a lump sum, without reconciling the two.

On our reading, the safe course is to pay the statutory leave through payroll and let the employee claim her NSSF benefit directly. Withholding salary in the expectation that NSSF will pay is a risk, because some employees will not meet the 36-contribution test. Any offset needs a written policy agreed in advance and an advocate's review.

How many days of paternity leave do fathers get?

Section 34(1)(a), as amended by section 9 of Act No. 4 of 2025, gives an employee at least 3 days of paid paternity leave, or 7 days for a premature birth. Two conditions apply:

Section 34(2) lets the employer require reasonable proof of the birth. A birth notification or hospital discharge note normally serves. The six-month service rule in section 29(1) applies to paternity leave too.

Section 34(1)(b) adds 4 days of paid compassionate leave, including for the sickness or death of the employee's child.

NSSF pays no paternity benefit. The ISSA profile treats paternity pay as an employer liability, so the cost sits on payroll.

What notice, nursing time and return-to-work rules apply?

Notice. Section 33(1) requires notice at least three months before the expected date of birth, with a medical certificate. The Act states no penalty for late notice.

Nursing time. Section 33(11), formerly 33(10), lets a nursing employee feed her child during working hours for up to two hours a day. Regulation 15 of GN 47 of 2017 sets the period: not less than six consecutive months after maternity leave. The hours are paid working time. The Act leaves the timing to agreement, so record it: a late start, an early finish or two one-hour breaks.

Return to the same job. Section 33(4) lets the employee resume work on the same terms and conditions at the end of her leave. A cut in salary, grade or benefits on return breaches that subsection.

Annual leave. Section 31(5) bars an employer from making an employee take annual leave in place of maternity leave. Her annual leave keeps accruing during the absence.

How is maternity pay treated in payroll?

Salary paid during maternity and paternity leave is employment income. Section 7(2)(a) of the Income Tax Act, Cap. 332 includes wages, salary and leave pay. The rates below are from the Zatra government fees register at 26 September 2026 and match TRA's Taxes and Duties at a Glance 2025/26.

ChargeRate and baseOn leave pay?Register ID
PAYE, residentNil up to TZS 270,000 a month; then 8%, 20%, 25% and 30% bands; due by the 7thYes, as ordinary salaryF0176 to F0180
NSSF, private sector20% of wage; employee share not above 10%Yes, on the wage paidF0279
Skills and Development Levy, Mainland3.5% of gross emoluments, employers with 10 or more employees; due by the 7thYesF0276
WCF0.5% of gross monthly earnings, employer onlyYesF0281
Late NSSF5% of the unpaid amount for each month or partApplies if contributions on leave pay are lateF0446

Four practical points follow:

Our guides to PAYE and net salary and NSSF and PSSSF calculations cover the bands and the contribution base. Statutory contributions are government charges paid against a GePG control number.

Worked example: the cost of 84 days on TZS 1,500,000

A Dar es Salaam logistics company with 30 staff employs Neema, an accountant, on a basic salary of TZS 1,500,000 a month. She has worked there for four years and is on her first maternity leave. Employer and employee each pay 10 percent NSSF. The company uses a 30-day month, so her daily rate is TZS 50,000.

Step 1: the monthly payroll while she is on leave. Nothing changes in her payslip.

LineBasisPer month, TZS84 days, TZS
Gross basic salaryELRA s.33(6)(a), s.30(1)(c)1,500,0004,200,000
Employee NSSF at 10%F0279(150,000)(420,000)
Taxable payGross less employee NSSF1,350,0003,780,000
PAYE: 128,000 plus 30% above 1,000,000F0180(233,000)(652,400)
Net pay to Neema1,117,0003,127,600
Employer NSSF at 10%F0279150,000420,000
SDL at 3.5%F027652,500147,000
WCF at 0.5%F02817,50021,000
Total employer costGross plus employer charges1,710,0004,788,000

The 84-day column is 2.8 months of the monthly figure. On-costs add 14 percent: NSSF 10, SDL 3.5 and WCF 0.5.

Step 2: cover. The company hires a fixed-term assistant at TZS 1,000,000 a month for the same 84 days. That costs TZS 2,800,000 gross plus TZS 392,000 of employer charges, or TZS 3,192,000. The total cash cost of the absence is TZS 7,980,000.

Step 3: other scenarios at the same salary.

ScenarioPaid daysLeave pay, TZSEmployer charges at 14%, TZSTotal, TZS
Single birth844,200,000588,0004,788,000
Twins1005,000,000700,0005,700,000
Birth at 32 weeks56 + 84 = 1407,000,000980,0007,980,000
Paternity, full-term birth3150,00021,000171,000
Paternity, premature birth7350,00049,000399,000

Step 4: her NSSF benefit. With four years of contributions, she meets the section 44 test. At TZS 50,000 a day, NSSF would pay TZS 1,400,000 for 28 days in the 39th week and TZS 2,800,000 for 56 days after the birth. That is TZS 4,200,000, paid by the Fund to her; treat it as illustrative.

Can an employer dismiss a pregnant employee?

No, not for a reason connected to the pregnancy. Section 37(3)(b)(i) of ELRA says it is not a fair reason to terminate employment for reasons related to pregnancy. Section 7(4)(j) separately prohibits direct or indirect discrimination on the ground of pregnancy, and section 7(7) makes that an offence.

BreachProvisionConsequence
Termination related to pregnancyELRA s.37(3)(b)(i); s.40(1)(c) as amended by Act No. 4 of 2025 s.12Reinstatement, re-engagement or compensation: 12 to 18 months' remuneration for an unfair reason; 12 to 24 months where the termination is for discrimination or harassment
Discrimination on the ground of pregnancyELRA s.7(4)(j), s.7(7), s.102(3)Offence; fine of up to TZS 5,000,000 in the 2004 text
Refusing or not paying maternity or paternity leaveELRA ss.33 and 34Claim at the CMA for the unpaid leave pay; a labour officer may issue a compliance order
Hazardous work during pregnancyELRA s.33(5)Breach of the employment standard; also an occupational safety issue
Late NSSF on leave payNSSF Act s.12; F04465% of the unpaid amount for each month or part

Compliance orders sit in section 46 of the Labour Institutions Act, Cap. 300 (TanzLII text as at 30 November 2019). The fines are statutory penalties, not fees, and are not in the government fee register.

A fair termination for misconduct, incapacity or operational requirements remains possible, if the reason is unrelated to the pregnancy and the procedure is fair. Our guide to employee termination sets out the procedure. A claim goes first to the Commission for Mediation and Arbitration. Representation at the CMA or the Labour Court, and any formal legal opinion, goes to an advocate.

How does maternity leave work in Zanzibar?

Labour is not a Union matter, so Cap. 366 and the 2025 amendments do not apply in Unguja or Pemba. Zanzibar employers follow the Employment Act No. 11 of 2005. We read section 70 in the Zanzibar Government Gazette Legal Supplement of 7 October 2005. The ILO NATLEX record gives the assent date as 27 September 2005.

PointMainlandZanzibar
LawELRA, Cap. 366 R.E. 2019, as amended by Act No. 4 of 2025Employment Act No. 11 of 2005, s.70
Maternity leave84 days paid; 100 days for a multiple birthThree months paid; 100 days for a multiple birth (s.70(1), (2))
FrequencyPaid for 4 terms with the employerOnce every three years (s.70(4))
Start of leaveFrom four weeks before the expected dateAt least four weeks before delivery unless a medical officer advises otherwise
Premature birthExtra paid leave to 40 weeks (s.33(8))No provision in the 2005 text
Nursing timeUp to two hours a day, at least six monthsPaid time off up to one hour a day (s.70(9))
Clinic visitsNot statedPaid time for pre-natal and post-natal clinics (s.70(10))
Paternity leave3 days; 7 for a premature birthNo paternity provision in the 2005 text
DismissalPregnancy not a fair reason (s.37(3)(b)(i))No dismissal on grounds of pregnancy or childbirth (s.70(7))
Social securityNSSF maternity benefit (NSSF Act ss.44, 45)ZSSF pays a maternity benefit; conditions not verified
Skills levy3.5%, 10 or more employees (F0276)4%, 4 or more employees, per TRA's 2025/26 guide

Section 70 sets no minimum service for paid maternity leave. Section 68 gives three days of paid emergency leave on the death of a parent, child or spouse.

The ZSSF annual report for 2021/22 lists maternity among its short-term benefits and reports TZS 288,952,059 paid in the year. It does not state the qualifying conditions.

Some Zanzibar government documents, such as the 2024 labour procedure for a World Bank education project, describe 90 calendar days under a 2011 Act that appears to be the public service law. Private employers should work from the 2005 Act and confirm later amendments with the Zanzibar Labour Commission.

What to do now

  1. Update the leave policy. Add the premature birth rule, 7 days of paternity leave for a premature birth and the 2025 section numbers. Our guide to workplace policies has the structure.
  2. Decide the pay basis. State whether leave is paid on basic wage or full remuneration, and how allowances are treated.
  3. Set the daily rate method. Choose calendar days or working days and apply it to every employee.
  4. Track the cycles. Record each employee's six-month date, 36-month cycle and paid maternity terms used, up to four.
  5. Keep NSSF running. Remit contributions on leave pay each month so the employee keeps her NSSF eligibility.
  6. Plan cover early. Use the three-month notice to recruit fixed-term cover and budget its cost.
  7. Protect the return. Confirm the same post, terms and nursing hours in writing before the employee comes back.
  8. Run Zanzibar separately. Apply section 70 of the 2005 Act to island staff and confirm current rules with the Zanzibar Labour Commission.
  9. Escalate risk early. Send any termination, redundancy or CMA referral involving a pregnant employee to an advocate before acting.

Key dates and deadlines

The table applies the Mainland rules to an employee with an expected date of birth of 1 February 2027 who gives birth on that date.

WhenDate in the exampleWhat happensBasis
Three months before the expected birthBy 1 November 2026Notice to the employer with a medical certificateELRA s.33(1)
Four weeks before the expected birth4 January 2027Earliest normal start of maternity leaveELRA s.33(2)(a)
Within 7 days of the birth1 to 8 February 2027Father takes paternity leaveELRA s.34(1)(a)
By the 7th of each month7 February 2027, and monthlyPAYE and SDL on January leave payTRA; F0176 to F0180, F0276
Within one month after each month end28 February 2027 for JanuaryNSSF contributions on leave payNSSF Act s.12(7); F0446 if late
Six weeks after the birth15 March 2027Earliest return without a fitness certificateELRA s.33(3)
End of 84 days28 March 2027Return on the same termsELRA s.33(4), s.33(6)(a)
84 days after confinement26 April 2027Last day to lodge the NSSF maternity claimNSSF benefits page
Six months after return28 September 2027Minimum nursing time period endsGN 47 of 2017 reg. 15

How Zatra helps

Zatra's payroll compliance service runs leave pay, PAYE, NSSF, SDL and WCF each month and tracks leave cycles. Our HR consulting team drafts the parental leave policy, return-to-work letters and cover contracts. A Senior Advisory Session at USD 49 suits a single question. Prices are on our pricing page. For the wider monthly calendar, see our guide to payroll compliance in Tanzania.

Government charges follow the two-bucket rule. PAYE, SDL, NSSF and WCF are paid at the official rate against the authority's control number, separate from Zatra's professional fee and never marked up. The official figures are in our government fees handbook.

Labour officers, the CMA and the courts decide leave and dismissal disputes. Zatra prepares and organises the employer's file; it does not decide or guarantee any authority's outcome. Prosecution, CMA and Labour Court representation and legal opinions go to an advocate on our team.

Sources and status

Accurate as at 17 October 2026. Leave rules are from Cap. 366 R.E. 2019 and Act No. 4 of 2025; contribution rates are from the Zatra fee register at 26 September 2026.

Figures to confirm before you act

This article is general information based on official sources available at the date of publication. It is not legal, tax or financial advice. Laws and notices change. Verify with the issuing authority or consult Zatra before acting.

Frequently asked questions

Does an employee on a fixed-term contract get maternity leave?

Yes, if she has six months' service with the employer. ELRA does not limit maternity leave to permanent staff. A fixed-term contract that ends during the leave ends on its date, but the employer must not decline renewal because of the pregnancy.

Is a father who is not married to the mother entitled to paternity leave?

The Act requires only that the employee is the father of the child and takes the leave within 7 days of the birth. It does not mention marriage. The employer may ask for reasonable proof of the birth, such as a hospital note naming him.

Can an employee add annual leave to the end of maternity leave?

Yes, by agreement. The employer decides when annual leave is taken, so a request to run it straight after maternity leave needs approval. Many employers agree, because it eases the return and clears the leave balance within the six-month limit.

What happens to maternity leave after a stillbirth?

The NSSF Act pays one month of maternity benefit in the case of stillbirth. ELRA does not address stillbirth in its own words. Employers should treat the period with care, apply sick leave on a medical certificate where needed and take advice before reducing any leave.

Can an employee on maternity leave be made redundant?

Redundancy for genuine operational requirements remains possible, but the selection must not turn on the pregnancy or the leave. The employer must consult and apply fair criteria. A redundancy notice served during maternity leave invites a discrimination claim, so take advice before acting.

Must allowances be paid during maternity leave?

ELRA calculates paid leave on basic wage, so allowances are not required by statute. The contract, staff handbook or a collective agreement may say otherwise, and a past practice of paying them can become a term. Read those documents before stopping any allowance.

Do foreign employees on work permits get the same leave?

Yes. ELRA applies to employees in Mainland Tanzania regardless of nationality. A foreign employee with six months' service has the same maternity and paternity rights. Her NSSF benefit depends on her own contribution record under the Fund's rules.

Sources & regulators

Verify before filing: Rates, forms and thresholds move by Finance Act, Government Notice and portal revision. Confirm the live schedule on the mandate-holder portal before you budget or submit. Law-firm alerts and Big Four notes are discovery only.

Brief the desk

This Insights page is orientation. Payroll compliance is the commercial desk for the same facts. Zatra’s fee stays on its own line, separate from government, bank and regulator charges. Approvals are not guaranteed.

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Disclaimer

This article is informational orientation. It is not legal, tax or investment advice and not a government decision. Tanzanian instruments move by Act, Government Notice, Finance Act and portal revision. If a sentence here disagrees with the live mandate-holder, the mandate-holder wins. Zatra Consultants Limited does not issue licences, permits, tax clearances or approvals, and gives no assurance of any regulatory or banking outcome. Professional fees are published only on /pricing/.

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