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Argentina - Maternity protection - 2011


LAST UPDATE

11 November 2011

SOURCES


Name of Act

Decree No. 1245, Regulating the legal system of family allowances of Act No. 24,714 (Decreto 1245/96 Reglaméntase el nuevo régimen legal establecido por la Ley N° 24.714), of 1 November 1996 (Boletín Oficial, No. 28,519, 11 November 1996, p. 4), in amended form until Decree No. 368/2004 of 31 March 2004 (Boletín Oficial, No. 30,373, 1 April 2004, p. 1).

Name of Act

Act No. 22,248 approving the National Regulation on Agricultural Work, of 3 July 1980 (Boletín Oficial, No. 24,461, 18 July 1980, p. 2), as amended up to 26 November 2008 by Law No. 26390.

Name of Act

Act No. 24,714, on Family Allowances,
of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5)

Name of Act

Act No. 20,744 on Employment Contracts, of 27 September 1976 (Boletín Oficial No. 23003, 27 September 1974), as amended up to 17 December 2008 by Act No. 26.474 (Boletín Oficial No. 31579, 23 January 2009, p.1)

Name of Act

Act No. 24,557, on Labour Risks, of 13 September 1995 (Boletín Oficial, No. 28,242, 4 October 1995), as amended up to Decree No. 1278/2000, of 28 December 2000 (Boletín Oficial No. 29558, 3 January 2001, p.2)

Name of Act

Act No. 24,716, on Special Leave for Working Mothers as a result of a child born with Down syndrome, of 2 October 1996 (Boletín Oficial, No. 28,508, 25 October 1996, p. 1).

Name of Act

Act 26.678 of 13 April 2011 in force since 12 May 2011, Approves the ILO Convention 102 of 1952 on Social Security minimum standards.

Name of Act

Decree 446 of 18 April 2011 Modifying the Act. No 24.714 related to social protection-pregnancy allowance.
Amended text(s) Act 24.714 on family allowances and supersedes Act.18.017 & Decrees 770/96,771/96 & 991/96

Name of Act

Act 26.565 of 25 November 2009 Social Security- special regime for Domestic workers. Supersedes art. 17 of the Act 26.063.

Name of Act

Act 26.592 of April 28 of 2010 that modifies Act No.20.744 in force since 19 May 2010. It justifies certain inequalities set by the norm in order to compensate other inequalities already present in the employment relationship.

Name of Act

Act N° 24.013 B.O. 17/12/1991 that superseded art. 173 on female night work.

Name of Act

Provincial Decree No. 2988 of 2002 regulating leaves art. 114 of the Act. 10.579 (Maternity, adoption leaves and other)

Other source used

Act 26.485 of 11/03/2009 on Integral Protection to Prevent, Sanctioning and Eradicating Violence Against Women. One of the objectives of this norm is the elimination of discrimination among women and men.
§2a, 6b, 11. 1f, 11. 6a §2a, 6b, 11. 1f, 11. 6a

Other source used

B.O 30/10/09 Decree 1602/09 on family allowances, incorporates non-contributory system of universal allowance for childbirth.

Other source used

Act 26.695 modifies Act 26.660 on execution of sentence of imprisonment.
Provides that pregnant women condemned to imprisonment shall be particularly assisted during pregnancy and confinement, and they shall receive all material resources to raise her child while as long as she remains in the prison.
§136

Other source used

Act 26.061 on integral protection of children and minors rights. Special protection for pregnant minors, right to healthcare, protecting measures on maternity and parternity
§14,17,18, 26

Other source used

Programa Materno-infantil de la Nacion Argentina

MATERNITY LEAVE


Scope

Maternity protection is conferred by the Act on Employment Contracts and covers all working women, with the exception of public employees (except where they are expressly included within its scope or within the scope of collective labour agreements), domestic workers and agricultural workers. The law on agricultural employment establishes a similar protection scheme for maternity, which covers all agricultural workers.
Act No. 20,744 on Employment Contracts §2; §158 (a)
Act No. 22,248 approving the National Regulation on Agricultural Work §113

Qualifying conditions

A woman worker shall notify her employer of her pregnancy, and shall produce a medical certificate stating the expected confinement date.
Act No. 20,744 on Employment Contracts §177
Act No. 22,248 approving the National Regulation on Agricultural Work §113

Duration


Compulsory leave

minimum 30 days before confinement
Act No. 20,744 on Employment Contracts §177
Act No. 22,248 approving the National Regulation on Agricultural Work §113

General total duration

90 days (45 days before and the 45 days after confinement). However, the worker may opt to reduce her pre-natal leave but this shall not be less than 30 days. The remainder of the total leave period shall then be added to her post-natal leave. In the case of a premature birth, the full period of leave that the worker did not take before her confinement shall be carried over to the period of her confinement, so that she is granted 90 days altogether.
Act No. 20,744 on Employment Contracts §177
Act No. 22,248 approving the National Regulation on Agricultural Work §113
Historical data (year indicates year of data collection)
  • 2004: Ninety days
  • 1998: Ninety days
  • 1994: Ninety days

Extension

A woman worker who has worked for more than one year in the enterprise may opt to extend her maternity leave for a period of not less than three months and not more than six months to care of the child. Should the child be born with Down syndrome, the mother shall be entitled to a further six months’ leave without pay under the same conditions as paid maternity leave.
Act No. 20,744 on Employment Contracts § 183 (c)
Act No. 24,716 §1 and 3

Leave in case of illness or complications

If the woman worker is absent from her work for a period exceeding the maternity leave period because of an illness arising out of her pregnancy or confinement, she shall be entitled to sick leave for up to three months if she has worked for the same employer for less than five years and for up to six months if she has worked for the same employer for more than five years.
Act No. 20,744 on Employment Contracts §177; 208

RELATED TYPES OF LEAVE


Parental leave

Not provided
Act No. 20,744 on Employment Contracts

Paternity leave


Scope

Workers are entitled to paid paternity leave, with the exception of public, domestic and agricultural workers.
Act No. 20,744 on Employment Contracts §158

Qualifying conditions

There are not qualifying conditions.
Act No. 20,744 on Employment Contracts

Length

2 days.
Act No. 20,744 on Employment Contracts §158

Adoption leave

Not provided for workers covered by the Contracts Act.
Professors covered by the Statute of Professors are entitled in case of adoption of children under 7 years old to paid leave during 90 days.
Act No. 20,744 on Employment Contracts

RIGHT TO PART-TIME WORK

Not expressly provided for pregnant workers.
Act No. 20,744 on Employment Contracts

CASH BENEFITS


Maternity leave benefits


Scope

Women who are privately employed, whatever the form of employment contract, beneficiaries of the Act on Labour Risks; beneficiaries of unemployment benefits; beneficiaries of the Act on the Integrated Retirement and Pensions System; and beneficiaries of the non-contributory pensions plan for disability, and national, provincial or municipal civil service employees.
Excluded are domestic workers, without prejudice to the executive authority including them in the scope of application of the Act on Labour Risks
Act No. 24,714, on Family Allowances,
of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §1, 2
Act No. 24,557 on Labour Risks §2

Qualifying conditions

The female workers must have been in their employment for a continuous period of three months or have received unemployment benefits. 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.
Act No. 24,714, on Family Allowances,
of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §2, 11
Decree No. 1245 §2

Duration

90 days.
Act No. 24,714, on Family Allowances,
of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §11
Act No. 20,744 on Employment Contracts §177

Amount

100 per cent.
Act No. 24,714, on Family Allowances,
of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §11
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Through family allowance funds, which are financed through state and employer contributions.
Act No. 24,714, on Family Allowances,
of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §1, §5
Act No. 24,557 on Labour Risks §23
Historical data (year indicates year of data collection)
  • 2009: Through family allowance funds, which are financed through state and employer contributions.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided
Act No. 20,744 on Employment Contracts

Paternity leave benefits


Scope

Men who are privately employed, whatever the form of employment contract, beneficiaries of the Act on Labour Risks; beneficiaries of unemployment benefits; beneficiaries of the Act on the Integrated Retirement and Pensions System; and beneficiaries of the non-contributory pensions plan for disability, and national, provincial or municipal civil service employees. (Public sector usually is covered by special statutes that include maternity and paternity leave).
Excluded are domestic workers, without prejudice to the executive authority including them in the scope of application of the Act on Labour Risks
Act No. 20,744 on Employment Contracts

Qualifying conditions

There are not qualifying conditions to be entitled to paternity leave benefits.
Act No. 20,744 on Employment Contracts

Duration

2 days.
Act No. 20,744 on Employment Contracts §158a)

Amount

Regular pay.
Act No. 20,744 on Employment Contracts §155, 159

Financing of benefits

Employer.
Act No. 20,744 on Employment Contracts §158

Adoption leave benefits

It is not provided for workers covered by the Employment Contracts Act.
Professors covered by the Statute of Professors(public sector) are entitled in case of adoption of a child under 7 years old to 90 days of paid leave without any qualifying condition to access to it.
Act No. 20,744 on Employment Contracts

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Pre-natal, childbirth and post-natal care during pregnancy are included in
the Mandatory Medical Program of the health-care system. Furthermore, "plan nacer" ensures registered disadvantage women with free medical health-care during pregnancy, confinement and after confinement
Act 26.061 on integral protection of children and minors rights. Special protection for pregnant minors, right to healthcare, protecting measures on maternity and parternity
Programa Materno-infantil de la Nacion Argentina

Financing of benefits

By Social Security for people affiliated to the system
By State for women registered in"plan nacer"
Act 26.061 on integral protection of children and minors rights. Special protection for pregnant minors, right to healthcare, protecting measures on maternity and parternity
Programa Materno-infantil de la Nacion Argentina

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman worker who is a nursing mother shall be entitled to two breaks of half an hour during working hours to nurse her child and shall enjoy such entitlement for a period not exceeding one year from the date of the child’s birth, except where it is necessary on medical grounds for her to nurse her child for a longer period.
Act No. 20,744 on Employment Contracts §179

Remuneration of nursing breaks

Not mentioned.
Act No. 20,744 on Employment Contracts

Transfer to another post

Not provided
Act No. 20,744 on Employment Contracts

Nursing facilities

When there is a minimum number of workers (as stated by legal provisions), the employer should provide for nursing facilities.
Act No. 20,744 on Employment Contracts §179

HEALTH PROTECTION


Arrangement of working time

Not provided specially for pregnant workers.

The reduction of the maximum legal only proceed when setting national rules and regulations of the matter, including provision of individual contracts or collective labor agreements.
The latter may establish methods for calculating the maximum hours based on average, according to the characteristics of the activity.
Act No. 20,744 on Employment Contracts §198 (Art. substituted by Act N° 24.013 B.O. 17/12/1991)

Night work

The prohibition was abolished.
Act N° 24.013 B.O. 17/12/1991 that superseded art. 173 on female night work.

Overtime

Not prohibited.
Act No. 20,744 on Employment Contracts

Work on rest days

The work on rest days is optional for all employees. Exception provided for Banks and Insurers.
There is not express prohibition for pregnant workers to work during rest days.
Act No. 20,744 on Employment Contracts §167

Time off for medical examinations

Not expressly provided.
Act No. 20,744 on Employment Contracts §177

Leave in case of sickness of the child

Working mothers that need a leave to take care of a sick child, may opt to: 1. ending the contract with a severance payment in the employer’s head or 2. To be in "excedencia" for 3 up to 6 months. "Excedencia" is a period of time that allow working mothers to leave without pay but with employment security.
Act No. 20,744 on Employment Contracts §183

Other work arrangements

Those women working in the morning and in the afternoon will have a break to rest of 2 hours at mid-day. Exception provided for those works where a break may affect the workers or the general interest or the shifts of continuous work.
Act No. 20,744 on Employment Contracts §174

Dangerous or unhealthy work


General

It is prohibited to order the execution of work at home to women employed in local or any other unit in the company. Furthermore, is forbidden to occupy women in painful, dangerous or unhealthy jobs.
The regulations shall establish the industries covered by this prohibition.
§175, 176

Risk assessment

It is not expressly provided a risk assessment for pregnant workers in The Act on Employment Contracts. However, the norm on Labour risks establishes general rules to guarantee the safety and health of all workers and the duties in head of employers, employees and Professional risks managers.
Act No. 20,744 on Employment Contracts
Act No. 24,557 on Labour Risks

» Assessment of workplace risks

Not expressly provided for pregnant workers.
All employers have a general duty of guarantee the safety and health of workers in working places.
Act No. 24,557 on Labour Risks

» Adaptation of conditions of work

Not provided.
Act No. 24,557 on Labour Risks
Act No. 20,744 on Employment Contracts

» Transfer to another post

Not provided

» Paid/unpaid leave

In case of remaining absent from work for longer as a result of illness medically certified which owes its origin to pregnancy or childbirth and in consequence do not allow her to resume work in due time, she will claim benefits under section 208(wages) of this law.
Act No. 20,744 on Employment Contracts §177 (Substituted by art. 1 ° of the Act N° 21.824 B.O. 30/6//1978)

» Right to return

Is not expressly mentioned that pregnant workers will return to the same job they were performing before getting sick during pregnancy.

A woman with a valid working relationship that gives birth to a child and continues residing in Argentina will enjoy of a right called "excedencia" that allows her to return to a job of equal category after the end of her maternity leave.
Act No. 20,744 on Employment Contracts

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Under no circumstances can women be discriminated based on gender or marital status.
Act No. 20,744 on Employment Contracts § 172
Act 26.485 of 11/03/2009 on Integral Protection to Prevent, Sanctioning and Eradicating Violence Against Women. One of the objectives of this norm is the elimination of discrimination among women and men.

Prohibition of pregnancy testing

All behaviours that discriminate against women in either public and private sectors; that are an obstacle to their enrollment, promotion, stability and permanence in employment; or by demanding their civil status, maternity, physical appearance and pregnancy tests is considered labor violence agains women.
Act 26.485 of 11/03/2009 on Integral Protection to Prevent, Sanctioning and Eradicating Violence Against Women. One of the objectives of this norm is the elimination of discrimination among women and men. §6c

Protection from discriminatory dismissal

Although the Act on Employment Contracts does not have any provision that expressly prohibit the dismissal of a woman on the grounds of pregnancy, it does guarantee that, during this period, every woman shall be guaranteed stability of employment during her pregnancy, which shall constitute an acquired right from the date on which she duly notifies her employer of the fact that she is pregnant, with confirmation in the form of a medical certificate.
Act No. 20,744 on Employment Contracts § 177

Burden of proof

In the absence of proof to the contrary, a woman worker shall be presumed to have been dismissed on account of her pregnancy or maternity if her dismissal is ordered within the seven-and-a-half months before or after the date of her confinement, on condition that she has discharged her obligation to give due notice and confirmation of her pregnancy and, where appropriate, of the birth of her child. Where an employer does not comply with this prohibition, heshall pay compensation equal to one year’s remuneration.
Act No. 20,744 on Employment Contracts § 178; §182

Guaranteed right to return to work

A woman with a valid working relationship that gives birth to a child and continues residing in Argentina will enjoy of a right called "excedencia" that allows her to return to a job of equal category after the end of her maternity leave.
Act No. 20,744 on Employment Contracts

Results generated on: 21st December 2014 at 10:16:25.
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