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Belize - Maternity protection - 2011


LAST UPDATE

23 September 2011

SOURCES


Name of Act

Social Security (Benefit) Regulations (Chapter 44s), dated 1 June 1981. As amended to 31 October 2003.

Name of Act

Labour Act (Chapter 297), dated 31 December 1959, as amended up to Act No.3 of 2011.
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Name of Act

Social Security Act (Chapter 44), dated 4 October 1979. As revised at 31 May 2003.
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Name of Act

Labour (Amendment)Act, 2005, dated 29 November, 2005. No. 42 of 2005. Amends the Labour Act, chapter 297 of the Laws of Belize, Revised Edition, 2000-2003.

Name of Act

Labour (Maternity Protection) Regulations (Chapter 297), as revised to 31 October 2003.

MATERNITY LEAVE


Scope

A woman in any public, private industrial, commercial undertaking, or in any branch thereof, or in any agricultural undertaking or any branch thereof is entitled to maternity leave.
Labour (Amendment)Act, 2005 §177(1)

Qualifying conditions

Employed by the same employer for a period of not less than 150 days during the 12 months preceding her confinement.

All applications for maternity leave must be submitted at least 10 weeks prior to the worker’s expected date of confinement and must be accompanied by a medical certificate from a qualified medical practiioner stating the expected date of confinement.
Labour (Amendment)Act, 2005 §177(1) and (5)

Duration


Compulsory leave

2 weeks before and 7 weeks after the expected date of confinement are mandatory.
Labour (Amendment)Act, 2005 §177(1)(c)

General total duration

14 weeks (seven weeks before and seven weeks after confinement)
Labour (Amendment)Act, 2005 §177(1)(a) and (b)
Historical data (year indicates year of data collection)
  • 2004: Fourteen weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Leave in case of illness or complications

Every woman may be deemed to be absent from work as a result of illness arising out of her pregnancy for a maximum period of 30 days.
Labour (Maternity Protection) Regulations §2

RELATED TYPES OF LEAVE

Relevant provisions on related types of leave have not been identified.

RIGHT TO PART-TIME WORK

Relevant provisions on right to part-time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

Insured women are entitled to maternity allowance from social security if they satisfy the qualifying conditions. Subject to this Act, every person who on or after the appointed day, being over the age of fourteen years and under the age of sixty-five years, is employed in insurable employment shall become insured under this Act.
Women who are not entitled to receive maternity allowance from social security, meaning they are not insured, shall be paid from the employer.
Social Security (Benefit ) Regulations §9(1)
Labour Act §177(1)-(2)
Social Security Act §3(2) and First Schedule (Second Part)

Qualifying conditions

Maternity allowance, from Social Security, shall only be payable to an insured woman if she has made a specific amount of contributions.
A claim for maternity allowance shall be accompanied by a medical certificate stating the expected date of confinement (in the case of a claim made prior to the date of confinement) or by a medical certificate or a certificate issued by a registered midwife, stating the actual date of confinement (in the case of a claim made subsequent to the date of confinement).
Women who are not entitled to receive maternity allowance from social security shall receive payment from her employer, provided that during the 12 months preceding her confinement she was employed by the same employer for a period of no less than 150 days.
Social Security (Benefit ) Regulations §10 and §13(1)
Labour Act §177(1)-(2)
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Duration

Maternity allowance shall be payable to an insured woman for a period starting from a date no earlier than 7 weeks before the expected date of confinement and continuing until the end of 14 weeks or seven weeks from the date on which the confinement occurs, whichever comes later.

Employer’s providing maternity benefits will pay their employees during the period up to the date of birth and the date of birth (7 weeks), and the period following confinement (7 weeks).
Social Security (Benefit ) Regulations §11
Labour Act §180
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Amount

100%

In the case where a female is entitled to maternity benefits under the Labour Act and the Social Security Act, she shall receive maternity benefits from Social Security and in addition she is entitled to be paid by her employer the difference, if any, between her full pay and her Social Security benefits.
Labour (Amendment)Act, 2005 §177(1) and (3)
Historical data (year indicates year of data collection)
  • 2009: 100% In the case where a female is entitled to maternity benefits under the Labour Act and the Social Security Act, she shall receive maternity benefits from Social Security and in addition she is entitled to be paid by her employer the difference, if any, between her full pay and her Social Security benefits.
  • 2004: Eighty percent
  • 1998: Eighty percent
  • 1994: Eighty percent

Financing of benefits

Social Security or employer. Employers finance allowances for women who are not entitled to receive benefits from social security.
Social Security Act §5(1) and §46(2)
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Historical data (year indicates year of data collection)
  • 2009: Social Security or employer. Employers finance allowances for women who are not entitled to receive benefits from social security.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

A maternity grant of 300 dollars, from the Social Security, is payable to an insured woman if she has paid 50 contributions since the appointed day and 25 contributions have been paid in the 50 weeks immediately preceding the week in which the confinement occurs.
Social Security (Benefit ) Regulations §16 (2) and (3)

Paternity leave benefits


Scope

An insured male worker is entitled to a maternity grant, if his wife is not entitled to such grant, and if he satisfies the conditions for the entitlement to this benefit.
Social Security (Benefit ) Regulations §16(2)

Qualifying conditions

The same conditions as for maternity grant to be enjoyed by an insured female worker.
Social Security (Benefit ) Regulations §10

Duration

The insured male worker shall be entitled to enjoy maternity grant only once in a contribution year.
Social Security (Benefit ) Regulations §16(2)

Amount

The amount of maternity grant shall be three hundred dollars
Social Security (Benefit ) Regulations §16(3)

MEDICAL BENEFITS


Financing of benefits

No employer shall be liable to pay medical expenses or any part of such expenses which have been incurred by a female worker during or attributable to her pregnancy or confinement.
Labour Act §177(3)
Labour (Amendment)Act, 2005 §177(4)

HEALTH PROTECTION


Arrangement of working time


Night work

A woman shall not be employed during the night (between 10 p.m. and 5. a.m.), in a public or private industrial undertaking. However, this prohibition does not apply to: (a) women holding responsible positions of a managerial or technical character; (b) women employed in health and welfare services who are not ordinarily engaged in manual work; (c) an industrial undertaking in which only members of the same family are employed; (d) an industrial undertaking where there occurs an interruption of work that was impossible to foresee, which is not of a recurring character, and which is approved as such by the Commissioner; and (e) in a case where the work has to do with raw materials which are subject to rapid deterioration; therefore, work during the night is necessary to preserve such materials from loss and the permission of the Commissioner to perform such work during the night has been obtained.
Labour Act §160(1), §161(1) and §162(1)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Protection from discriminatory dismissal

Where a woman is in receipt of maternity allowance under the Social Security Act or is absent from her work during the 6 weeks before the expected date of confinement and 6 weeks following her confinement, or remains absent from her work for a longer period as a result of illness certified by a qualified medical practitioner that arose out of her pregnancy or confinement and rendering her unfit for work, no employer shall, unless her absence has exceeded a maximum period of 30 days, give notice of dismissal during such absence or give her notice of dismissal at such time that the notice would expire during such absence.

Within 21 days of the date of dismissal or wrongful termination, every employee shall have the right to file a complaint to the Tribunal through the Commissioner, and if the worker’s complaint is proved, she shall be awarded with the reinstatement or/and economic compensation.
Labour Act §178, §205
Labour (Maternity Protection) Regulations §178 (2)

Burden of proof

In cases of unfair dismissal or wrongfully termination, the legislation states that the worker shall file burden of the proof before the Tribunal through a complaint.
Labour Act §203

Results generated on: 22nd September 2014 at 18:14:06.
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