Working Mothers in Azerbaijan

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 18.0 weeks
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? A mix of both
What is the wage replacement rate for parental leave? Flat rate
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? Yes

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

The maternity leave is granted on presentation of medical certificate by the worker. The length of maternity leave is 126 calendar days: 70 calendar days antenatal and 56 calendar days’ postnatal leave. The post-natal leave is increased to 70 calendar days if there are complications in birth or in the case of birth of two or more children.

Women working in the agricultural production are provided by maternity leave of the following duration:

Post-natal maternity leave is also provided to women adopting a child and its duration is 56 calendar days.

Sources: §125 and 126 of the Labour Code; §65 and 67 of the Regulation on the calculation and payment of mandatory state social insurance indemnities and allowances paid to employees temporarily disabled at the expense of the insured 1998

The maternity allowance is paid during maternity leave. During maternity leave, workers receive a state benefit, which is set at 100% of the employee’s previous average pay.

Sources: §72 of the Regulation on the calculation and payment of mandatory state social insurance indemnities and allowances paid to employees temporarily disabled at the expense of the insured 1998

More about parental leave:

Parent or other family member, who is directly caring for a child up to the age of 3 years, has right to get partially paid social leave for childcare with provision of the allowance. A worker caring for a child (by written application) may use the right to partially paid social leave completely or in part. Employment of a worker is secure during parental leave and workers have the right to return to their employment after taking parental leave.

Legislation stipulates one-time childbirth allowance for working mother (working father with unemployment mother or without mother). The allowance is paid at working place or center of social welfare in the place of residence. Deadline for applications is not established. At the birth of two or more children, the allowance is paid for each child. The rate of the childbirth allowance is 90 AZN, but in 2016, government has planned to increase it by 10%.

During the parental leave, there are two monthly child allowances. The first allowance is paid until the child attains the age of one and a half years (18 months). The rate of this allowance since 2016 is 40 AZN. The second allowance may be given to a parent with a child up to 3 years old. The sum since 2016 is 25 AZN. Persons with radiation sickness or disability caused by the Chernobyl accident get childcare allowances in the double amount. If a parent works part-time or at home during the period of the parental leave, he/she has right to receive childcare allowances. If a child is in nursery or kindergarten and the parental leave is not granted, the allowance for children up to 3 years old will be not assigned.

Employment contract, collective agreement and acts of the employer may stipulate other benefits for childcare.

According to the Labour Code, women, single fathers, adoptive parents with two children up to 14 years have right to get 2 days of additional childcare leave. The same group of workers with three or more children up to 14 years or a disabled child are provided by 5 days of additional childcare leave.

In addition, there are special unpaid childcare leaves:

  1. for parent (another family member who is directly caring for a child) with a chronically ill child up to the age of 4 years by the medical report;
  2. for women (single parent, guardians) with a child up to 16 years - up to 14 calendar days;
  3. for parents with children with HIV or disability (up to 18 years) - up to 14 calendar days.

Sources: §111, 117, 130, 141 of the Labor Code; §4 of the Law of the Republic of Azerbaijan «About social allowances» 07.02.2006 №55-IIIQ; §6 of the Law of the Republic of Azerbaijan «About social insurance» 18.02.1997 №250-IQ; §73-89 of the Regulation on the calculation and payment of mandatory state social insurance indemnities and allowances paid to employees temporarily disabled at the expense of the insured 1998; Decree of the President of the Republic of Azerbaijan 19.01.2016 №747; Decree of the President of the Republic of Azerbaijan 29.08.2013 №973