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Burkina Faso - Maternity protection - 2011


LAST UPDATE

17 Noviembre 2011

SOURCES


Name of Act

Labour Code, Act No. 028-2008, dated 13 May 2008, promulgated by decree No. 2008-351/PRES of 19 June 2008

Name of Act

Social Security Code, Act No. 015-2006, dated 11 May 2006, Journal officiel, 2006-07-20, No. 29

Name of Act

Order respecting the employment of women and pregnant women No. 5254 IGTLS/AOF (Arrêté relatif au travail des femmes et des femmes enceintes), dated 19 July 1954, Journal officiel de l’Afrique Occidentale Française, 1954-07-31, no 2722, p. 1337

Name of Act

Decision no 436/ITLS/HV du 15 juillet 1953
(Arrêté no.436 of July 15 of 1953)

It is considered as night work the one performed between 22 hours and 05 hours.

Name of Act

Decree n°2007-413/PRES/PM/MFB on the General Statute of the establishments Unity, Progress-Public Justice of Social Security.

Name of Act

Decision No.1244 /FP.T/DGTLS of 9 October 1976 determining modalities of application of weekly rest.
(Arreté No1244 of 1976)

A weekly rest of at least 24 hours is stipulated, in principle on Sundays. Exceptions provided with authorization of the Labour Inspector but these exceptions do not cover neither females nor minors under 18 years old.

Name of Act

Order No. 2008-008/MTSS/SG/DGPS concerning the affiliation, registration of workers and other insured of the regime managed by the National Fund of Social Security and the duties of employers in the operations of the regime.
Arrêté No.2008-008/MTSS/SG/DGPS.

Name of Act

Joint Decision No. 2008-023/MS/MTSS/SG/DGPS Concerning the terms to grant social and sanitaire services.
Arrêté Conjoint No.2008-023/MS/MTSS/SG/DGPS

Name of Act

Joint Order No.2008-025/MS/MTSS/SG/DGPS Concerning the regulation of the medical expertise.
Arrêté conjoint No.2008-025/MS/MTSS/SG/DGPS

Name of Act

Order No.2008-001/MTSS/SG/DGPS Concerning the Regulations of Service of the Social Security Benefits.
Arrêté No.2008-001/MTSS/SG/DGPS

Name of Act

Presidential Decree of November 14 of 2007 Concerning the Special Status of the National Fund of Social Security(CNSS)
Décret Presidentiel du 14 Novembre 2007 Portant Status Particuliers de la Caisse Nationale de Sécurité Sociale(CNSS)

Name of Act

ACT No.16-2006/AN
Loi No.16-2006/AN Portant Création de la Catégorie d’établissements Publics de Prévoyance Sociale(EPPS).

Name of Act

Order No. 2006-38/MTSS/SG/DGPS
Arrêté No. 2006-38/MTSS/SG/DGPS Fixant le taux des allocation familiales.

Name of Act

Act 27 of 2006 Concerning the Regime Applicable to Employment and to Servants of Territorial Collectivities.
LOI N° 027-2006/AN PORTANT REGIME JURIDIQUE APPLICABLE AUX EMPLOIS ET AUX AGENTS DES COLLECTIVITES TERRITORIALES

Other source used

Ministry of Labour and Social Welfare

Other source used

Other source used

Ministry of Health

Other source used

National Fund of Social Security

MATERNITY LEAVE


Scope

The provisions on maternity leave in the Labour Code cover all pregnant women working in Burkina Faso, except for public servants, magistrates, employees of the local government and persons working for the army.

Permanent public servants are entitled to 14 weeks of paid maternity leave.
Labour Code §1, 3 and 144

Qualifying conditions

There are not qualifying conditions for leave.
Labour Code §145

Duration


Compulsory leave

The employer cannot, even with his/her agreement, employ the woman during the first six weeks after childbirth.
Labour Code §147

General total duration

A pregnant woman has the right to suspend her work according to a medical opinion without this interruption of service being regarded as a cause of breach of contract. A pregnant woman is entitled to a maternity leave of 14 weeks starting at the earliest 8 weeks and at the latest 4 weeks before the expected date of delivery, regardless of whether the child was born alive or not.
Labour Code §93, 145
Historical data (year indicates year of data collection)
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Extension

The maternity leave can be prolonged with three weeks in the event of disease resulting from pregnancy or confinement.

Annual leave may be extended for the salaried women or apprentices aged less than twenty-two years up to two additional days off for every dependent child. The increase of leave leads to an increase of the paid leave allowance.
Labour Code §145,158

Leave in case of illness or complications

The maternity leave can be prolonged up to three weeks in the event of disease resulting from pregnancy or confinement.
Labour Code §145

RELATED TYPES OF LEAVE


Parental leave


Scope

The provisions of the Labour Code cover all employees working in Burkina Faso, except for public servants, magistrates, employees of the local government and persons working for the army.
Labour Code §1, 3, 160

Qualifying conditions

If an employee so desires, the employer must grant him/her a period of unpaid leave, provided that the employee has applied for the leave at least one month before the starting date.
Labour Code §160

Length

An employee, who so desires, can obtain from her/his employer an unpaid leave for a period of six months, renewable once, for the purpose of caring for her/his child.
Labour Code §93, 160

Paternity leave

Not provided.
Labour Code

Adoption leave

Not provided.
Labour Code

RIGHT TO PART-TIME WORK

Not provided as alternative neither for pregnant workers nor nursing mothers.
Labour Code

CASH BENEFITS


Maternity leave benefits


Scope

All women covered by the Labour Code who are on maternity leave, including students and apprentices.
In consequence, self-employed are excluded.
Social Security Code §3(1) and (3)

Qualifying conditions

Medical certificate of pregnancy issued by a Medical Doctor or
mid-wife.
Employer’s certification regarding the effective suspension of the
working activities by the pregnant worker on leave.
The pay slip or the employer’s attestation on the salary received effectively by the worker before the starting date of leave.
Order No. 2008-008/MTSS/SG/DGPS concerning the affiliation, registration of workers and other insured of the regime managed by the National Fund of Social Security and the duties of employers in the operations of the regime.
Arrêté No.2008-008/MTSS/SG/DGPS. §16,17,18

Duration

Women on maternity leave are entitled to receive cash benefits to compensate for the salary loss during their absence. The benefit period is 14 weeks, plus three weeks extension on medical grounds, plus any additional period due to confinement occurring later than expected.
Labour Code §146
Social Security Code §45, 46

Amount

100 per cent of the earnings gained just before the leave.
Social Security Code §46
Historical data (year indicates year of data collection)
  • 2009: 100 per cent of the earnings gained just before the leave.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Employer and Social Security.
The employer pays exclusively the family allowances contribution as well as the one on professional risks.
The benefit under the Social Security Fund is equivalent to the part of the woman’s salary on which social security contributions are paid. The employer must pay the difference between this amount and the woman’s actual salary.
Labour Code §146
Social Security Code § 8, 13, 44, 45 and 46
Historical data (year indicates year of data collection)
  • 2009: Employer and social security. The benefit under the Social Security Fund is equivalent to the part of the woman's salary on which social security contributions are paid. The employer must pay the difference between this amount and the woman's actual salary.
  • 2004: Social security (if necessary employer tops up)
  • 1998: Social security (if necessary employer tops up)
  • 1994: Social security (if necessary employer tops up)

Alternative provisions

An employed insured women or a spouse of an employed insured man, who has worked three consecutive months for one or several employers, is entitled to receive a prenatal allowance as from the day she announces that she is pregnant. If this announcement is made during the first three months of pregnancy, the allowance is paid for the 9 months preceding the birth. To receive the prenatal allowance the woman must undergo medical examinations whose modalities shall be determined by Ministerial Order.
Social Security Code §34

Parental leave benefits

Not provided.
Labour Code §160

Paternity leave benefits

Not provided.
Labour Code

Adoption leave benefits

Not provided.
Labour Code

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The expenses related to the employee’s confinement in a public medical establishment or a medical establishment approved by the State, as well as any necessary medical care during the maternity leave, are exclusively financed by the Social Security Fund.
Labour Code §146
Social Security Code §47

Financing of benefits

Social security.
Financed through contributions for the financing of the various branches of social security system; the penalties for delay in payment of contributions or the filing of nominal wages; investment income of funds from the CNSS;
gifts and bequests.
Social Security Code §8

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During a period of 14 months after returning to work from maternity leave, the woman has the right to breastfeeding breaks. The total duration of these breaks cannot exceed one hour and a half per working day.
Labour Code §148

Remuneration of nursing breaks

Breastfeeding breaks are counted as time worked and remunerated accordingly.
Labour Code §148

Transfer to another post

A female employee who usually occupies a work position acknowledged by a relevant authority as dangerous for health has the right, when she is pregnant, to be moved without salary reduction to another position that is not prejudicial to her state.
This right is also granted, in individual cases, to any women who provides a medical certificate showing that a change in the nature of her work is necessary in the interest of her health and that of her child.
Labour Code §142,143

Nursing facilities

Breastfeeding rooms can be created under conditions fixed by law upon advice of the advisory Work Commission.
Labour Code §234

HEALTH PROTECTION


Arrangement of working time


Night work

Night work (between 22.00 and 05.00) is prohibited for women in factories, manufacturing, mines and quarries, building sites and workshops.
Order respecting the employment of women and pregnant women §3
Order determining the hours during which work is considered as night work §1

Overtime

Not prohibited neither for pregnant workers nor for nursing mothers.
Labour Code

Work on rest days

Not prohibited neither for pregnant workers nor for nursing mothers. Nevertheless, the weekly rest is compulsory. It is twenty-four hours minimum per week and takes place in principle on Sunday except derogation statutorily granted by the minister in charge of labor.
Labour Code §155

Time off for medical examinations

Not provided.
Labour Code

Leave in case of sickness of the child

The provisions of the Labour Code cover all employees working in Burkina Faso, except for public servants, magistrates, employees of the local government and persons working for the army.
In case of serious illness of the child, the period of leave to take care of the child(see Parental Leave Field) will be increased from the initial parental leave period of 6 months to one year, renewable once.
This leave is unpaid.
Labour Code §160 par.3

Dangerous or unhealthy work

A woman worker cannot be assigned to work which is likely to affect her reproductive capacities or, in the case of a pregnant woman, her health or that of the child. The nature of the work prohibited for women is determined by law after opinion of the advisory Work Commission.
Labour Code §142

Risk assessment


» Assessment of workplace risks

There is not provided a special risks assessment in favor of pregnant workers but in favor of all workers.
The head of the institution takes all necessary measures to ensure security and protect the physical and mental health of the employees of the institution including the temporary workers, the apprentices and the trainees.
Labour Code §236

» Adaptation of conditions of work

Not expressly mentioned.
Labour Code

» Transfer to another post

A pregnant woman who is usually employed in work which is recognized as dangerous to the health has the right to be transferred to another post not detrimental to her state, without reduction in salary throughout the transfer. This right is also granted to any woman who produces a medical certificate indicating that a change in the nature of her work is necessary in the interest of her health and that of her child.
Labour Code §90 and 143

» Paid/unpaid leave

There is not provided leave neither paid nor unpaid for pregnant worker or nursing mother, as alternative in case of illness or risks related to her work or in consequence of the impossibility of transferring her to a different post.
Labour Code

» Right to return

Not provided.
Labour Code

Particular risks

No woman shall be employed on underground work in mines or quarries.
Order respecting the employment of women and pregnant women §9

» Arduous work (manual lifting, carrying, pushing or pulling of loads)

No woman shall be required to carry, drag or push any load exceeding the following weights: porterage 25 kg; transport in cars running on rails (including weight of vehicle 600 kg; transport in wheelbarrows (including weight of vehicle) 40 kg; transport on three-wheeled or four-wheeled vehicles (including weight of vehicle) 60 kg; transport in two-wheeled hand carts (including weight of vehicle) 130 kg. No woman shall be required to carry, push or drag any load during the 3 weeks following the normal resumption of work after confinement.
Order respecting the employment of women and pregnant women §1,8,20

» Work involving exposure to biological, chemical or physical agents

No woman shall be admitted to the premises where the following operations are carried out (non exhaustive list): manufacture of or painting with a base of white lead, work in places where flesh, remains and waste from slaughtered animals are stored, manufacture of alkaline chlorides, treatment of fruit against insects with nitrogen trichloride or with acetylene or ethylene, work in workshops for quicksilvering of mirrors, lead casting and rolling, manufacture of litharge, massicot and minium, etc. The employment of women in the following premises shall be subject to conditions (non exhaustive list): manufacture of sulphuric acid, bleaching, application of rubber coatings, gold and silver plating, pickling or galvanising of iron, dye works, etc.
Order respecting the employment of women and pregnant women Schedule A and Schedule B

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

According to the Labour Code all discrimination in employment is prohibited. Discrimination means any distinction, exclusion or preference (for example based on sex) which destroys or deteriorates the equality of opportunity and treatment in employment. All discrimination is prohibited as to access to employment, working conditions, vocational training, the preservation of a post or dismissal. With equal terms of employment, occupational qualifications and output, the wages shall be equal for all workers regardless of their sex or status (among other things). When determining the level of wages, and in particular when fixing the rates of remuneration, the principle of equal pay for men’s work and women’s work of equal value must be respected.
Labour Code §4, 38 and 182

Prohibition of pregnancy testing

Not prohibited.
Only an HIV test is expressly prohibited.
Labour Code §261

Protection from discriminatory dismissal

During the period of maternity leave, the employer cannot dismiss the female worker. Any abusive layoff brings about the reinstatement of the worker or in the even if reinstatement is not possible, then payment of damages. Dismissal is considered abusive when a woman worker can demonstrate it by pregnancy or birth of her child.
Labour Code §70, 71, 142

Burden of proof

The employer must provide the proof of the legitimate reasons to justify the breach, in front of the relevant court, in case of a dispute regarding the reason for dismissal.
Labour Code §70

Guaranteed right to return to work

Not provided.
Labour Code

Results generated on: 26th October 2014 at 08:42:24.
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