Maternity and Work

Maternity Leave

According to the Labour Act, 2007, where a female employee has completed six months of continuous service, she is entitled to maternity leave of four weeks before her expected date of confinement. After her date of confinement, she is entitled to eight weeks of maternity leave in every case. The total duration of maternity leave is 12 weeks. Thus, if the pre-natal leave is less than 4 weeks for some reason, the remaining duration is adjusted in the post-natal leave.

The minimum period for maternity leave is twelve weeks. However, this period can be extended if there have been complications in the birth. Where there are complications in the birth, either because of the health of the employee or the employee’s child, the employer must grant an extended maternity leave of one month or the amount of accrued sick leave that the employee has at the time.

Source: §26-27 of the Labour Act, 2007

Income

Under the Labour Act, 2007, the employee is entitled to any remuneration from the employer during the maternity leave, whether extended or not, with the exception of basic wage. The Social Security Council is to pay the basic wage to the employee during the maternity period, regardless of whether it is extended or not. Hence, presumably the employees on maternity leave would be paid 100% of their monthly wage.

Source: §26-27 of the Labour Act, 2007; §28-29 of the Social Security Act, 1994

Pregnancy Testing / Inquiry in Recruitment

The Labour Act, as well as the Employment Service Act, expressly forbids an employer, when advertising jobs or when recruiting or referring people for employment, from discriminating against any person because of a past, present, or potential future pregnancy.

Source: §5 of the Labour Act, 2007; §26 of the Employment Service Act, 2011

Free Medical Care

There is no provision concerning free medical care for pregnant workers under the Labour Act. However, the Social Security Act provides for a National Medical Benefit Fund to provide medical benefits to every employee who is a member of the Fund.

Source: §32 & 34 of the Social Security Act, 1994