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Afghanistan - Maternity protection - 2011


LAST UPDATE

13 April 2011

Data quantity

NORMAL

SOURCES


Name of Act

Labour Code 2007, Unofficial English Translation, 36 pages
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MATERNITY LEAVE

The Labour Code 2007 establishes an entitlement to maternity leave.
Labour Code 2007 §54

Scope

The maternity leave entitlement is expressed as applying to all female employees. Employee is defined to mean ’government employees, workers and the contractors’.
Labour Code 2007 §§3, 54
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Qualifying conditions

No qualifying conditions identified.
Labour Code 2007 §54

Duration

A female employee is entitled to 90 days of paid maternity leave.
Labour Code 2007 §54(1)

General total duration

A female employee is entitled to 90 days of paid maternity leave. Thirty days of the leave is granted before delivery and the rest (60 days) is granted to her after delivery.
Labour Code 2007 §54(1)
Historical data (year indicates year of data collection)
  • 2009: Ninety days (30 days prenatal and 60 days postnatal)
  • 2004: Ninety days
  • 1998: Ninety days
  • 1994: Ninety days

Extension

A female employee will be granted an additional 15 days’ paid leave if she is going to have an abnormal type of delivery or gives birth to a twin or more than a twin.
Labour Code 2007 §54(2)
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Leave in case of illness or complications

A female employee will be granted an additional 15 days’ paid leave if she is going to have an abnormal type of delivery. In case of illness or complications during the pregnancy, sick leave may be taken under §§52 and 53 of the Labour Code.
Labour Code 2007 §§52, 53, 54(2)

RELATED TYPES OF LEAVE

No provision for related types of leave identified.
Labour Code 2007

RIGHT TO PART-TIME WORK

No statutory right to part-time work identified.
Labour Code 2007

CASH BENEFITS

The employee is entitled to payment for the duration of the maternity leave period.
Labour Code 2007 §54

Maternity leave benefits


Scope

The scope of the cash benefits entitlement mirrors the scope of the maternity leave entitlement.
Labour Code 2007 §54

Qualifying conditions

There are no qualifying conditions on payment for the principle period of maternity leave, as provided by §54(1) of the Labour Code 2007 (i.e. 90 days).

However, payment in relation to any extension under §54(2) will only be executed to her on the basis of the valid certificates issued by the relevant hospitals. Further, the employee will not be entitled to salary and other supplementary allowances for the extension period if she fails to report to duty within 5 days of the completion of her principle period of maternity leave.
Labour Code 2007 §54(1), (2), (3)

Duration

The duration of the cash benefits mirrors the duration of the maternity leave entitlement (i.e. 90 days, plus any additional entitlement under §54(2)).
Labour Code 2007 §54(1), (2)

Amount

The employee is entitled to salary and other supplementary allowances of the staff.
Labour Code 2007 §54(1), (2)
Historical data (year indicates year of data collection)
  • 2009: One hundred percent
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Employer
Labour Code 2007 §54(1)
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

MEDICAL BENEFITS

The entitlement to social protections, including medical benefits, is established under the Labour Code 2007.
Labour Code 2007 Chapter Thirteen

Pre-natal, childbirth and post-natal care

Employees and in some cases their family members can benefit from a number of enumerated social protections, including medical services and aid for child birth.

Medical services or their equivalent shall be provided to the employee and his/her family members according to financial capacity of the institution.
Labour Code 2007 §134(1), (3)

Financing of benefits

Financial assistance for medical services and child birth aid is paid from institution budget. This is funded through the financial participation of the organisation and employees.
Labour Code 2007 §§134(2), 135(1)

BREASTFEEDING

In addition to their rest and food breaks, nursing mothers should be provided with not less than 30 minutes break every 3 hours in order to breast feed their babies in the children’s room at the worksite. These breaks are included in the working time and shall be drawn up and decided by the internal rules and procedures.
Labour Code 2007 §124

Right to nursing breaks or daily reduction of hours of work

Nursing mothers should be provided with not less than 30 minutes break every 3 hours in order to breast feed their babies.
Labour Code 2007 §124

Remuneration of nursing breaks

Nursing breaks are to be included in working time.
Labour Code 2007 §124

Nursing facilities

The organisation is duty bound to establish and equip kindergarderns and nurseries for the children in the worksite.
Labour Code 2007 §126

HEALTH PROTECTION

A range of restrictions are imposed on the employment of women, pregnant women and mothers of infants under the age of 2 years.
Labour Code 2007 Chapter Eleven

Arrangement of working time

Limitations are imposed on the weekly hours of pregnant women and prohibitions are imposed on overtime by pregnant women and mothers of young infants.
Labour Code 2007 §§31(1), 38(3)

Night work

The management is not authorised to assign women on night duties. Assigning women and breast-feeding mothers based on their agreements in hospitals, health clinics and for duties that would require physical hard work under a proper schedule is exempted.
Labour Code 2007 §121

Overtime

Overtime is not permited for pregnant women or women with children of less than 2 years of age.
Labour Code 2007 §§38(3), 122

Work on rest days

Pregnant women and women with children of less than 2 years of age cannot be assigned to work during public holidays.
Labour Code 2007 §122

Time off for medical examinations

No relevant provisions identified.

Other work arrangements

The weekly working hours for pregnant women cannot be more than 35 hours per week.
Labour Code 2007 §31(1)

Dangerous or unhealthy work

It is not permissible for women to be engaged in types of work that are physically arduous, or harmful to health or carried out in underground sites.

Further, during the period of pregnancy and on the basis of a doctor’s certificate, women will be assigned to lighter work, while receiving the wage applicable to their main jobs.
Labour Code 2007 §§120, 123

Risk assessment

No relevant provisions identified.

Particular risks

A list of physically arduous or harmful jobs is to be prepared and approved by MoPH, MoLSAMD and the respective organisations.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

It is forbidden to refuse to employ women or to reduce their wages because of pregnancy or nursing (feeding) their children.
Labour Code 2007 §125

Prohibition of pregnancy testing

No express statutory prohibition identified.
Labour Code 2007

Protection from discriminatory dismissal

No express statutory prohibition on discriminatory dismissal identified. However, the Labour Code indirectly protects pregnant women or new mothers from discriminatory dismissal by limiting the employer’s right to terminate the emplyment contract to 11 ’essential instances’. Further, it imposes on organisations an overarching responsibility to ensure labour security.
Labour Code 2007 §§23, 91
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Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

No express guarantee identified. However, it is forbidden to refuse to employ women or to reduce their wages because of pregnancy or nursing (feeding) their children.
Labour Code 2007 §125

Results generated on: 18th September 2014 at 01:38:29.
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