|Does the Law have provisions on maternity leave?||Yes|
|What is the duration of maternity leave?||13.0 weeks|
|What percentage of the monthly salary does a worker get during maternity leave?||100 %|
|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|
|What is the length of breastfeeding breaks?||Breastfeeding breaks are provided for the first 12 month(s) of life of the child|
|Does the law require parental leave for parents?||No|
|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?||No|
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:
Female employees are entitled to 90 days of paid maternity leave on the birth of a child. A worker may choose to take 45 days of leave before confinement and 45 days after the confinement. The compulsory leave to be taken before confinement is at least 30 days, remaining days can be added to the post natal leave period. In case of premature birth, the worker is entitled to full 90 days maternity leave after confinement. In order to avail this leave, the employee must notify the employer of her pregnancy by presenting a medical certificate indicating the expected date of delivery.
Maternity leave can be extended for 03 to 06 months for a worker who has worked for at least a year in the enterprise. Maternity leave of the mother of a child born with Down syndrome is extended further for six months without pay under the same conditions as paid maternity leave.
In case of illness or complications arising out of pregnancy and if a worker is unable to rejoin the enterprise, further leave can be granted. The woman worker is entitled to the sick leave for up to three months if she has worked for less than five months and for up to six months if she has worked for more than five years with the same employer.
Sources: §177-183 of the Employment Contract Act, No. 20.744, 1976; §113 of approving the National Regulation on Agricultural Work, Act No. 22.248; §1 & 3 of the Act No. 24.716
Maternity leave is fully paid leave. It is paid through family allowance funds that are financed by the employer and state contributions. In order to avail cash benefits, a worker must have been working with the employer for the period of three months or have received unemployment benefits. Maternity benefits are also paid to the temporary and household workers, provided that the temporary workers must have a proven record of employment with one or more employers in the 12 months immediately preceding the start of their current employment.
Maternity allowance is equal to the remuneration that would have been payable to a worker if she was working at that time.
Sources: §6, 11 & 18 of Regime of Family Allowances Law No 24.714, 1996
More about parental leave:
There is no provision in the law on paid or unpaid parental leave.