Maternity At Work

Maternity protection allows women to successfully combine their productive and reproductive roles without compromising one at the cost of another. Similarly, it protects women from discrimination in the labour market due to their reproductive roles. The Maternity at Work indicator measures whether labour legislation ensures that workers get paid maternity leave and are protected from dismissal during and on account of pregnancy. 

5.1 Pregnancy Inquiry During Recruitment

Does the law prohibit inquiring about pregnancy during recruitment?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 9 of the ILO’s Maternity Protection Convention, 2000 (No. 183) focuses on adopting appropriate measures to ensure that maternity does not constitute a source of discrimination in employment, including access to employment. Measures need to include a prohibition from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment, except where required by national laws or regulations in respect of work that is prohibited or restricted for pregnant or nursing women under national laws or regulations, or where there is a recognised or significant risk to the health of the woman and child.

Scoring Methodology

Whether the law prohibits inquiring about pregnancy during recruitment:

1: Labour legislation prohibits employers from inquiring about pregnancy (through pregnancy testing or other means) during recruitment.

0: There is no prohibition in the law on inquiring about pregnancy/family planning during recruitment or making it a recruitment condition.

5.2 Maternity Leave

Does the law require maternity leave of at least 14 weeks?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 4 of the ILO’s Maternity Protection Convention, 2000 (No. 183) stipulates that a woman worker shall be entitled to a maternity leave of at least 14 weeks. With due regard to the protection of the mother's and child's health, maternity leave shall include a period of six weeks of compulsory leave after childbirth unless otherwise agreed at the national level by the government and the representative organisations of employers and workers.

Scoring Methodology

Whether maternity leave is available for at least 14 weeks:

1: Women workers have the right to maternity leave of at least 14 weeks.

0: The length of maternity leave is less than 14 weeks.

5.3 Maternity Benefits

Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 6 of the ILO’s Maternity Protection Convention, 2000 (No. 183) shares that cash benefits shall be provided, in accordance with national laws and regulations, or in any other manner consistent with the national practice, to women who are absent from work on leave. The maternity benefits shall be set at a level that ensures that the woman can maintain proper health and a suitable standard of living for herself and her child. The amount of such benefits, however, shall not be less than two-thirds of the woman’s previous earnings or of such of those earnings as are taken into account for the purpose of computing benefits.

Scoring Methodology

Whether cash maternity benefit is at least two-thirds of the worker’s former wage:

1: Maternity benefit is two-thirds or higher than the pregnant worker’s former wage. In cases where the maternity leave is over and above 14 weeks, the score will remain 1 if the payment for maternity leave through social insurance or universal benefits is at least two-thirds of the former wage for at least the first 14 weeks. In cases where workers are paid flat-rate maternity benefits, these must be at least two-thirds of the applicable minimum wage in the country.*

0: Maternity leave benefit is less than the above threshold (two-thirds of the woman worker’s previous earnings).

*The length of 14 weeks was set after an extensive review of national legislation. It allows a cross-country comparison.

5.4 Source of Maternity Benefits

Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability?

International Regulatory Standard 

• Maternity Protection Convention, 2000 (No. 183)

Article 6(8) of the ILO’s Maternity Protection Convention, 2000 (No. 183) states that to protect the situation of women in the labour market, benefits in respect of the leave shall be provided through compulsory social insurance or public funds or in a manner determined by national law and practice. The employers shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by them without that employers’ specific agreement except where such benefit is provided for in national law prior to the introduction of this Convention, or it is subsequently agreed at the national level by the government and the representative organisations of employers and workers.

Scoring Methodology

Whether cash maternity benefits are an employer’s liability:

1: Maternity benefits are paid through a contributory social insurance system or through a non-contributory universal benefits system financed through general taxation.

0: Maternity benefits are only employer liability, and employers are required to pay workers their wages during maternity leave.

5.5 Dismissals During Pregnancy

Does the law protect workers from dismissals during or on account of pregnancy?

International Regulatory Standard

• Maternity Protection Convention, 2000 (No. 183)

Article 8 of the ILO’s Maternity Protection Convention, 2000 (No. 183) stipulates that it is unlawful for an employer to terminate the employment of a woman during her pregnancy or absence on leave or during a period following her return to work, except on grounds unrelated to the pregnancy or birth of the child and its consequences or nursing.

Moreover, a woman is guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave.

Article 11 (2) (a) of the UN Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) states that to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, appropriate measures should be taken. This includes the prohibition on, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals based on marital status.

Scoring Methodology

Whether the legislation protects workers from dismissal during or on account of pregnancy:

1: The legislation prohibits employers from terminating workers during or on account of pregnancy (e.g., medically certified sickness related to pregnancy) except in cases of gross misconduct.

0: The legislation does not protect workers from being dismissed during or on account of pregnancy.

Maternity at Work - comparative tables

Pregnancy Inquiry during Recruitment

Region	Explicit Prohibition	Implicit Prohibition	No Provision	Covered Countries
Africa	Angola, Congo, Democratic Republic of the Congo, Sierra Leone, South Africa	Burkina Faso, Côte D'Ivoire, Gambia, Kenya, Liberia, Malawi, Namibia, South Sudan, United Republic of Tanzania, Zambia, Zimbabwe	Algeria, Benin, Botswana, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Egypt, Eswatini, Ethiopia, Gabon, Ghana, Guinea, Lesotho, Libya, Madagascar, Mali, Mauritania, Morocco, Mozambique, Niger, Nigeria, Rwanda, Senegal, Sudan, Togo, Tunisia, Uganda	45
Americas	Argentina, Brazil, Chile, Colombia, El Salvador, Honduras, Mexico, Nicaragua, Paraguay, Venezuela	Canada, Ecuador, United States of America	Bolivia, Costa Rica, Cuba, Guatemala, Haiti, Peru	19
Asia	China, Israel, Jordan, Lao People's Democratic Republic, Mongolia, Republic of Korea, Tajikistan	Afghanistan, Azerbaijan, Kazakhstan, Kuwait, Kyrgyz Republic, Philippines, Taiwan , Uzbekistan, Viet Nam	Bahrain, Bangladesh, Cambodia, India, Indonesia, Iran, Iraq, Japan, Lebanon, Malaysia, Myanmar, Nepal, Oman, Pakistan, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, Thailand, United Arab Emirates, Yemen	38
Europe	Albania, Belarus, Bosnia and Herzegovina, Croatia, Denmark, France, Latvia, Montenegro, North Macedonia, Norway, Portugal, Romania, Serbia, Slovakia, Slovenia	Austria, Belgium, Bulgaria, Cyprus, Czechia, Finland, Georgia, Germany, Greece, Hungary, Italy, Lithuania, Malta, Moldova, Netherlands, Russian Federation, Spain, Türkiye, Ukraine, United Kingdom	Estonia, Ireland, Luxembourg, Poland, Sweden	40
Oceania		Australia, New Zealand	Papua New Guinea	3
Total Countries	37	45	63	145

Maternity Leave

Region	< 12 Weeks	12-13 Weeks	14 Weeks	15-17 Weeks	≥ 18 Weeks	Covered Countries
Africa	Malawi, Sudan, Tunisia	Botswana, Burundi, Cabo Verde, Egypt, Eswatini, Ghana, Kenya, Lesotho, Mozambique, Namibia, Nigeria, South Sudan, Uganda, United Republic of Tanzania	Algeria, Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Côte D'Ivoire, Democratic Republic of the Congo, Gabon, Guinea, Liberia, Libya, Madagascar, Mali, Mauritania, Morocco, Niger, Rwanda, Senegal, Sierra Leone, Togo, Zambia, Zimbabwe	Angola, Congo, Ethiopia, South Africa	Gambia	45
Americas	United States of America	Argentina, Bolivia, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua	Peru	Brazil, Canada, Costa Rica, El Salvador	Chile, Colombia, Cuba, Paraguay, Venezuela	19
Asia	Bahrain, Jordan, Kuwait, Lebanon, Qatar, Saudi Arabia, Taiwan , United Arab Emirates, Yemen	Afghanistan, Cambodia, Indonesia, Pakistan, Republic of Korea, Singapore, Sri Lanka	Iraq, Japan, Malaysia, Myanmar, Nepal, Oman, Thailand	Bangladesh, Lao People's Democratic Republic, Mongolia, Philippines, Syria	Azerbaijan, China, India, Iran, Israel, Kazakhstan, Kyrgyz Republic, Tajikistan, Uzbekistan, Viet Nam	38
Europe			Croatia, Denmark, Estonia, Germany, Montenegro, Sweden	Austria, Belgium, Finland, France, Greece, Latvia, Luxembourg, Netherlands, Portugal, Slovenia, Spain, Türkiye	Albania, Belarus, Bosnia and Herzegovina, Bulgaria, Cyprus, Czechia, Georgia, Hungary, Ireland, Italy, Lithuania, Malta, Moldova, North Macedonia, Norway, Poland, Romania, Russian Federation, Serbia, Slovakia, Ukraine, United Kingdom	40
Oceania	Papua New Guinea		New Zealand		Australia	3
Total Countries	14	29	38	25	39	145

Maternity Benefits

Region	< 66.67%	≥ 66.67%	Flat-rate benefit	Unpaid	Covered Countries
Africa	Botswana, Central African Republic, Eswatini, Nigeria, South Africa	Algeria, Angola, Benin, Burkina Faso, Burundi, Cabo Verde, Cameroon, Chad, Congo, Côte D'Ivoire, Democratic Republic of the Congo, Egypt, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Niger, Rwanda, Senegal, Sierra Leone, South Sudan, Sudan, Togo, Tunisia, Uganda, United Republic of Tanzania, Zambia, Zimbabwe			45
Americas	Canada, United States of America	Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Paraguay, Peru, Venezuela			19
Asia	Iran, Nepal, Saudi Arabia	Afghanistan, Azerbaijan, Bahrain, Bangladesh, Cambodia, China, India, Indonesia, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Lebanon, Malaysia, Mongolia, Myanmar, Oman, Pakistan, Philippines, Qatar, Republic of Korea, Singapore, Sri Lanka, Syria, Taiwan , Tajikistan, Thailand, United Arab Emirates, Uzbekistan, Viet Nam, Yemen	Kyrgyz Republic		38
Europe	Bosnia and Herzegovina	Albania, Austria, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Moldova, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Türkiye, Ukraine	Finland, Georgia, Ireland, Malta, United Kingdom		40
Oceania		New Zealand	Australia	Papua New Guinea	3
Total Countries	11	126	7	1	145

Source of Maternity Benefits

Region	Employer Liability	Mixed System	Social Insurance or Universal Benefits	No Provision	Covered Countries
Africa	Botswana, Burundi, Eswatini, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Nigeria, Sierra Leone, South Sudan, Sudan, Uganda, Zambia, Zimbabwe	Chad, Congo, Guinea, Madagascar, Namibia, Niger, Rwanda	Algeria, Angola, Benin, Burkina Faso, Cabo Verde, Cameroon, Central African Republic, Côte D'Ivoire, Democratic Republic of the Congo, Egypt, Gabon, Libya, Mali, Mauritania, Morocco, Mozambique, Senegal, South Africa, Togo, Tunisia, United Republic of Tanzania		45
Americas		Ecuador, Honduras, Nicaragua	Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, El Salvador, Guatemala, Haiti, Mexico, Paraguay, Peru, United States of America, Venezuela		19
Asia	Bahrain, Bangladesh, Indonesia, Kuwait, Malaysia, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, United Arab Emirates, Yemen	Nepal, Pakistan, Thailand	Azerbaijan, Cambodia, China, India, Iran, Iraq, Israel, Japan, Jordan, Kazakhstan, Kyrgyz Republic, Lao People's Democratic Republic, Lebanon, Mongolia, Myanmar, Oman, Philippines, Republic of Korea, Taiwan , Tajikistan, Uzbekistan		38
Europe		Denmark	Albania, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Türkiye, Ukraine, United Kingdom		40
Oceania			Australia, New Zealand	Papua New Guinea	3
Total Countries	30	14	100	1	145

Prohibition on Dismissals during Pregnancy

Region	No Prohibition	Prohibition on dismissals	Covered Countries
Africa	Algeria, Botswana, Central African Republic, Congo, Liberia, Mauritania	Angola, Benin, Burkina Faso, Burundi, Cabo Verde, Cameroon, Chad, Côte D'Ivoire, Democratic Republic of the Congo, Egypt, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Libya, Madagascar, Malawi, Mali, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, South Sudan, Sudan, Togo, Tunisia, Uganda, United Republic of Tanzania, Zambia, Zimbabwe	45
Americas	Cuba	Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Paraguay, Peru, United States of America, Venezuela	19
Asia	Afghanistan, Bangladesh, Iran, Iraq, Jordan, Myanmar, Nepal, Pakistan, Qatar, Singapore, Yemen	Azerbaijan, Bahrain, Cambodia, China, India, Indonesia, Israel, Japan, Kazakhstan, Kuwait, Kyrgyz Republic, Lao People's Democratic Republic, Lebanon, Malaysia, Mongolia, Oman, Philippines, Republic of Korea, Saudi Arabia, Sri Lanka, Syria, Taiwan , Tajikistan, Thailand, United Arab Emirates, Uzbekistan, Viet Nam	38
Europe		Albania, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Türkiye, Ukraine, United Kingdom	40
Oceania		Australia, New Zealand, Papua New Guinea	3
Total Countries	18	127	145

Maternity At Work - country score snapshot