Job Protection
No Harmful Work
An employer may not require or permit pregnant or breast-feeding employees to perform work hazardous to their health or children. Certain conditions may threaten health and safety, including exposure to noise, vibration, radiation, electro-magnetic fields etc; working in extreme conditions, i.e., excessive heat or cold; and exposure to harmful chemical substances.
Source: Rule 8 of Code of Good Practice: Maternity Benefits and Family Responsibility
Protection from Dismissals
A female employee cannot be dismissed during maternity leave, and any termination notice expiring during this period is void. Additionally, termination within three months of childbirth without serious misconduct does not affect her right to maternity allowance.
Employment of a female worker during her maternity leave is protected. Where a worker is on maternity leave, the employer is prohibited from serving a termination of employment notice on her. Furthermore, any such notice given to a female employee which expires during maternity leave will is null and void.
No notice of intention to terminate the employment of a pregnant employee given without good cause within three months of her confinement, will affect her right to receive maternity allowance. Here, good cause is limited to acts of serious misconduct.
Source: § 116 of the Employment Act, 1982 (Cap. 47:01) and Rule 4 of the Code of Good Practice: Maternity Benefits and Family Responsibility
Right to Return to Same Position
The Employment Act, 1982 (Cap. 47:01) provides that any absences by the employee due to maternity leave is not to interrupt the employee's employment. The law also prohibits dismissal of a worker on maternity leave. This means that the worker has the right to return to the same position on completion of maternity leave.
Source: § 113 of the Employment Act, 1982 (Cap. 47:01)
