ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Burundi - Maternity protection - 2011


LAST UPDATE

12 May 2011.

SOURCES


Name of Act

Labour Code (Decree law No. 1/037), dated 7 July 1993
click on this symbol to show or hide remarks

Name of Act

Law No. 1/10 to Establish a Social Security Code, dated 16 June 1999

MATERNITY LEAVE


Scope

Every female worker whose state of pregnancy has been previously attested by a doctor shall suspend her work without previous notice.

When of the birth, and without having the interruption considered as a cause for the breaking of the labour contract, every female worker is entitled - conditioned to the production of a medical certificate attesting the presumed date of birth - to maternity leave.
Labour Code §122(1)(2)
click on this symbol to show or hide remarks

Duration


Compulsory leave

The duration of the maternity leave shall be of 12 weeks, with the possibility of extension to 14 weeks, of which at least 6 have to be taken after the birth.
Labour Code §122(3)

General total duration

The duration of the maternity leave shall be of 12 weeks, with the possiblitiy of extension to 14 weeks, of which at least 6 have to be taken after the birth.
Labour Code §122(3)
Historical data (year indicates year of data collection)
  • 2009: 12 weeks.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

The duration of the maternity leave shall be of 12 weeks, with the possibility of extension to 14 weeks, of which at least 6 have to be taken after the birth.

When the birth takes place after the presumed date, the pre-natal leave can be extended untill the the effective date of birth, without having the compulsory leave duration after the birth reduced.
Labour Code §122(3)(4)

CASH BENEFITS


Maternity leave benefits


Duration

The duration of the maternity leave shall be of 12 weeks, being possible the extension to 14 weeks, of which at least 6 have to be taken after the birth.
Labour Code §122(3)

Amount

100 % of the wage.

However, the worker on maternity leave is entitled, from the employer’s part, to half of her monthly salary in cash, at the time of the interruption, as well as to all the in-kind payment she was entitled to before.

The amount of the daily benefit to which the worker is entitled for the maternity leave is calculated on the basis of the worker’s monthly average salary, and cannot be less than 2/3 of it for the daily benefit in cases of disease or accident and 50% in case of maternity.
Labour Code §123(3)
Social Security Code §34(3)
Historical data (year indicates year of data collection)
  • 2009: 100 % of average wage at the time of birth.
  • 2004: One hundred percent
  • 1998: Fifty percent
  • 1994: Fifty percent

Financing of benefits

The worker on maternity leave is taken care by the social security body to which her employer is affiliated, with regards to medical care, as well as to other benefits. The act regulating such body shall precise the modalities of application of this paragraph.

However, the worker on maternity leave is entitled, from the employer�s part, to half of her monthly salary in cash, at the time of the interruption, as well as to all the in-kind payment she was entitled to before.

The maternity leave benefits shall be paid for the duration of the leave and it is only due if the worker�s salray has been suspended.

The amount of the daily benefit to which the worker is entitled for the maternity leave is calculated on the basis of the worker�s monthly average salary, and cannot be less than 2/3 of it for the daily benefit in cases of disease or accident and 50% in case of maternity.
Labour Code §123(2)(3)
Social Security Code §34(2)(3)
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: Employer (50%), Social Security (50%).
  • 2004: Fifty percent social security, fifty percent employer
  • 1998: Fifty percent social security, fifty percent employer
  • 1994: Employer

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The disease and maternity insurance shall cover every morbid condition arising from a natural disease, an accident occurred outside work, maternity, or birth and their consequences.

Medical care comprehends:

1. Medical Consultations;
2. Surgery and special medical practices;
3. Dental surgery;
4. Acts using ionising radiation practiced by a doctor or a dental surgeon, and biological medical acts;
5. Acts practiced by medical assistants;
6. Acts practiced by nurses;
7. Hospitalisation and treatment fees;
8. Accessories and dressing fees;
9. Pharmaceutical and orthopedic products;
10. Medical eye glasses;
11. Transportation fees, if justifiable.
Social Security Code §31(1), 33

Financing of benefits

The disease and maternity insurance shall cover every morbid condition arising from a natural disease, an accident occurred outside work, maternity, or birth and their consequences.

The social security system shall cover only the medical care provided within national territory.
Labour Code §31(1), 40

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During the breastfeeding period, the worker is entitled to one hour of breasfeeding break, during 6 months. This period shall be paid as working time.
Labour Code §124

Remuneration of nursing breaks

During the breastfeeding period, the worker is entitled to one hour of breasfeeding break, during 6 months. This period shall be paid as working time.
Labour Code §124

Transfer to another post

The pregnant worker cannot be held in a work that exceeds her physical capabilities and shall be transferred to another convenient work. If that is not possible, the labour contract shall be terminated, having the employer to pay an indemnity of notice, and where appropriate, severance pay.
Labour Code §125(3)

HEALTH PROTECTION


Dangerous or unhealthy work


General

The pregnant worker cannot be held in a work that exceeds her physical capabilities and shall be transferred to another convenient work. If that is not possible, the labour contract shall be terminated, having the employer to pay an indemnity of notice, and where appropriate, severance pay.
Labour Code §125(3)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Protection from discriminatory dismissal

During the maternity leave, the employer cannot terminate the labour contract. The employer is also forbidden to terminate the contract before or after the refered leave arguing the birth or the pregancy.
Labour Code §122(5)

Guaranteed right to return to work

During the maternity leave, the employer cannot terminate the labour contract. The employer is also forbidden to terminate the contract before or after the refered leave arguing the birth or the pregancy.
Labour Code §122(5)
click on this symbol to show or hide remarks

Results generated on: 25th October 2014 at 20:59:21.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.