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Bolivia - Maternity protection - 2011


LAST UPDATE

November the 2nd of 2011

Data quantity

NORMAL

SOURCES


Name of Act

Decree No. 16,988 on hygiene, occupational safety and wellbeing (Decreto ley general de higiene, seguridad ocupacional y bienestar), of 2 August 1979.

Name of Act

General Labour Act (Ley General del Trabajo), of 8 December 1942, published by the Supreme Decree of 24 May 1939, as amended up to Act n° 2450 of 9 April 2003 Gaceta Oficial, 2003-04-11, No. 2478, p.1-7.

Decree supreme 28699 of May the 1st of 2006
Regulating the General Labour Act

Name of Act

Social Security Code of 14 December 1956, as amended up to Supreme Decree 22,578, of 13 August 1990 (Gazeta Oficial, 1990).


Name of Act

Supreme Decree No. 24303, which establishes the National Maternity and Child Insurance (SUMI) of 24 Mayo 1996
Decree Supreme No 26874 of December 21 of 2002 regulating SUMI

Name of Act

Act N° 2426 on National Maternity and Child Insurance (Ley N° 2426 del Seguro Universal Materno Infantil) of 22 November 2002

Name of Act

Act No. 975, on employment security for pregnant women, of 2 March 1988

Name of Act

Act No. 2450 on Domestic Workers (Ley de Regulación del Trabajo Asalariado del Hogar) of 9 April 2003
Gaceta Oficial, 2003-04-11, No. 2478, p.1-7

Name of Act

Decree Supreme 0012 of February 19 of 2009
That regulates conditions for security in employment of parents in public and private sectors.

Name of Act

Decree supreme 0496 of May the 1st of 2010
Regulating effects of non-observance of security in employment of parents

Name of Act

Decree Supreme No 26874 of December 21 of 2002
Regulating provision and management of Universal Insurance of Mother and Child

Name of Act

Name of Act

Decree Supreme No 0066 that creates an incentive- bonus mother-child for a safe motherhood.

Name of Act

Decree supreme No 0115 of May 6th 2009 promoting breastfeeding.

Name of Act

Act No 3460 of August 15 of 2006

Name of Act

Act 006 of May 1st 2010 elevating to Law rank:
Decree supreme 28719 of May 17 of 2006
Decree supreme 0041 of March 18 of 2009
Decree Law 13214 of December 24 of 1975

Other source used

Official Legal Registry of the Plurinational State of Bolivia

Other source used

Other source used

National plan to equality of opportunities

Other source used

Study of Bolivian Legislation on Safety maternity and obstetric emergencies

MATERNITY LEAVE


Scope

Maternity protection is conferred by the Labour Code and covers working women in the public and private sectors, with the exception of those employed in the agricultural sector.
General Labour Act §1

Qualifying conditions

There are not qualifying conditions
General Labour Act

Duration


Compulsory leave

30 days before and 30 days after confinement
General Labour Act §61 amended by the Act 6 December of 1949

General total duration

60 days (thirty days before and thirty days after confinement).

Domestic workers are entitled to 45 days before and 45 days after confinement.
General Labour Act §61
Act No. 2450 on Domestic Workers §21 f
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Sixty days
  • 1994: Sixty days

Extension

There is not extension provided for multiple births.
General Labour Act §61

Leave in case of illness or complications

In case of illness or complications, the period of leave is indefinite.
General Labour Act §61

RELATED TYPES OF LEAVE


Parental leave

Not provided
General Labour Act

Paternity leave

Not provided
General Labour Act

Adoption leave

Not provided
General Labour Act

RIGHT TO PART-TIME WORK


General provisions

Not provided
General Labour Act

CASH BENEFITS


Maternity leave benefits


Scope

Women employed in the public and private sectors.
Social Security Code of 14 December 1956, as amended up to Supreme Decree 22,578, of 13 August 1990 (Gazeta Oficial, 1990).

§6

Qualifying conditions

Women workers who have paid at least 4 monthly contributions in the 12 months immediately preceding the date of payment of prenatal cash benefit.

§31 Decree law 13214 of 1975.
Act 006 of May 1st 2010 elevating to Law rank:
Decree supreme 28719 of May 17 of 2006
Decree supreme 0041 of March 18 of 2009
Decree Law 13214 of December 24 of 1975

Duration

Up to 45 days before and 45 days after confinement.
Decree Supreme No 0066 that creates an incentive- bonus mother-child for a safe motherhood. § 31 of the Decree Law 13214 of December 24 1975 elevated to the rank of norm by the Act 006 of May the 1st of 2010

Amount

100% of the National minimum wage.
75% of the wages used as base for the payment of contribution that were received by the worker at the beginning of the leave in case these wages are over the National minimum wage.

§28 of the Decree Law 13214 of 1975.
Act 006 of May 1st 2010 elevating to Law rank:
Decree supreme 28719 of May 17 of 2006
Decree supreme 0041 of March 18 of 2009
Decree Law 13214 of December 24 of 1975
Historical data (year indicates year of data collection)
  • 2009: 100% of the national minimum wage, plus 70 % of the amount by which her basic wage exceeds the national minimum wage.
  • 2004: One hundred percent of minimum wage plus seventy percent of the difference between minimum wage and regular earnings
  • 1998: One hundred percent of minimum wage plus seventy percent of the difference between minimum wage and regular earnings
  • 1994: One hundred percent of minimum wage plus seventy percent of the difference between minimum wage and regular earnings

Financing of benefits

Social insurance system.
Social Security Code of 14 December 1956, as amended up to Supreme Decree 22,578, of 13 August 1990 (Gazeta Oficial, 1990).

§3
Historical data (year indicates year of data collection)
  • 2009: Social insurance system.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided
General Labour Act

Paternity leave benefits

Not provided
General Labour Act

Adoption leave benefits

Not provided
General Labour Act

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The National Maternity and Child Insurance envisaged medical assistance for maternity, with universal coverage for women during pregnancy and up to 6 months after confinement, as well as for new-born infants and children under five years old.
People affiliated to the National Maternity and child insurance-SUMI are all Bolivians and strangers with residence visa in Bolivia.
Act N° 2426 on National Maternity and Child Insurance §2(I)
Social Security Code of 14 December 1956, as amended up to Supreme Decree 22,578, of 13 August 1990 (Gazeta Oficial, 1990).

§1,2, 3 (b), 23

Financing of benefits

Funds from the General Treasury and municipal funds.
Act N° 2426 on National Maternity and Child Insurance §4(II)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During breastfeeding, women are entitled to daily rest periods of not less than one hour.
General Labour Act §61

Remuneration of nursing breaks

Not expressly mentioned in the General Labour Act.

Art. 25 of the Decree Supreme 21637 of 1987 has established a breastfeeding allowance in the head of employers and it is equivalent to a national minimum wage in dairy products for each child during 12 months.
General Labour Act
Decree supreme No 0115 of May 6th 2009 promoting breastfeeding.

Transfer to another post

Not expressly mentioned
General Labour Act
Decree supreme No 0115 of May 6th 2009 promoting breastfeeding.

Nursing facilities

The Labour Code establishes a duty in the head of employers with more than fifty workers to maintain nursing rooms.
More recent legislation establishes this duty in the head of all private and public institutions without further conditions.
General Labour Act
Decree supreme No 0115 of May 6th 2009 promoting breastfeeding.
Act No 3460 of August 15 of 2006

HEALTH PROTECTION


Arrangement of working time

It is forbidden to hire:
Minors under 14 years old.
Minors under 18 years old in work beyond their strength.

Female working day shall not exceed 40 weekly hours.
General Labour Act §46 agreed to D.S 21060

Night work

Women workers in general shall be employed only during the day.
General Labour Act §60

Overtime

Not expressly prohibited. However, as it was already mentioned, female working hours shall not exceed 40 hours per week.
General Labour Act §46

Work on rest days

Not expressly prohibited. However, as it was already mentioned, female working hours shall not exceed 40 hours per week.
General Labour Act §46

Time off for medical examinations

Not expressly provided for pregnancy.
General Labour Act

Leave in case of sickness of the child

Not provided
General Labour Act

Dangerous or unhealthy work


General

It is forbidden to women and minors under 18 years old to perform hazardous, painful or harmful work to their health or moral.

A pregnant woman worker whose employment requires her to carry out work that may affect her health is entitled to special treatment that will allow her to carry out her activities in appropriate conditions, without her wage level or her position being affected.
Act No. 975, on employment security for pregnant women § 2
Decree No. 16,998 on hygiene, occupational safety and wellbeing §8

Risk assessment

Every employer that employs women and minors shall take all safety measures in order to guarantee their health and comfort at work.
General Labour Act §63

» Assessment of workplace risks

Employers of women and minors shall adopt safety measures to guarantee their health and comfort at workplace.
General Labour Act §63
Decree No. 16,998 on hygiene, occupational safety and wellbeing

» Adaptation of conditions of work

If the work place involves efforts that affect their health, Pregnant worker deserve special treatment that allows them to develop their activities in appropriate conditions, without affecting their salary level and status in the workplace.
Act No. 975, on employment security for pregnant women

» Transfer to another post

Not expressly provided. Nevertheless, if the work place involves efforts that affect their health, Pregnant worker deserve special treatment that allows them to develop their activities in appropriate conditions, without affecting their salary level and status in the workplace.
General Labour Act
Act No. 975, on employment security for pregnant women

» Paid/unpaid leave

Pregnant workers are entitle to maternity paid leave, 30 days before and 30 days after confinement or during a longer period if an illness ensue.
General Labour Act §61

» Right to return

Father and/or mother, no matter their civil status, shall enjoy security in their jobs during pregnancy and until their child/children is a year old. Parents cannot be dismissed except for just cause attributable to them, and their wages and job cannot be altered.
Decree Supreme 0012 of February 19 of 2009
That regulates conditions for security in employment of parents in public and private sectors.

Particular risks


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

Pregnant women shall be prohibited from carrying heavy loads.
Decree No. 16,998 on hygiene, occupational safety and wellbeing §274

» Work involving exposure to biological, chemical or physical agents

It is forbidden to employ women in underground tunnels, kilns, mills of minerals, and generally in all those works that present a hazard of intoxication, which give off deleterious gases or vapors or noxious fumes.
Decree Supreme of January 22 of 1944
Decree No. 16,998 on hygiene, occupational safety and wellbeing

» Working requiring special equilibrium

Not expressly prohibited, however, there is a general prohibition on female work in hazardous or harmful works.
Decree No. 16,998 on hygiene, occupational safety and wellbeing

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Not expressly prohibited, however, there is a general prohibition on female work in hazardous or harmful works.
Decree No. 16,998 on hygiene, occupational safety and wellbeing

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

There is a principle of non-discrimination in order to exclude any differentiation between workers that perform the same job.
General Labour Act Decree Supreme 28699

Prohibition of pregnancy testing

Not provided
General Labour Act

Protection from discriminatory dismissal

Mother and father are protected from dismissal during pregnancy and up to the first year of age of their child/children. Exception are provided in case of just cause of dismissal attributable to mother or father or temporary jobs.
Act No. 975, on employment security for pregnant women §1
Decree Supreme 0012 of February 19 of 2009
That regulates conditions for security in employment of parents in public and private sectors. §2

Burden of proof

Not provided
General Labour Act

Guaranteed right to return to work

Mother and father cannot be dismissed except for a just cause attributable to them or in case of temporary jobs; neither their wages can be reduced; nor the job they perform can be changed during pregnancy and up to the first year of their child/children.
Decree Supreme 0012 of February 19 of 2009
That regulates conditions for security in employment of parents in public and private sectors. §2

Results generated on: 24th October 2014 at 20:03:13.
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