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Cuba - Maternity protection - 2011


LAST UPDATE

20 October 2011
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SOURCES


Name of Act

Law No.49 promulgating the Labour Code, of 28 December 1984 (Gaceta Oficial, No. 2, 23 Febaruary 1985, p. 17), as amended up to Law-Decree No. 268 modifying the labour regime, of 26 June 2009.
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Name of Act

Law No. 105 on Social Security, of 22 January 2009.
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Name of Act

Decree 234 on Female Worker’s Maternity (Decreto Ley 234 de la Maternidad de las Trabajadoras), of 13 of August 2003, as amended up to Law-Decree No. 285 of 5 September of 2011

MATERNITY LEAVE


Scope

Maternity protection is conferred by the Labour Code and applies to all women workers in Cuba independently of the type of work or activity.
Labour Code Art.6,7
Decree 234 on Female Worker’s Maternity Art.3

Qualifying conditions

Maternity leave shall be conferred to all women workers although the qualifying conditions for maternity benefits are not fulfilled.
Decree 234 on Female Worker’s Maternity Art.4

Duration


Compulsory leave

A pregnant woman shall stop working at 34 weeks of pregnancy or 32 weeks in case of multiple pregnancy.
Decree 234 on Female Worker’s Maternity Art.3

General total duration

The female worker shall enjoy a maternity leave period before and after confinement with a total duration of 18 weeks, during which the labour relation is suspended but the worker maintains her vacancy and salary.
Labour Code Art.218
Decree 234 on Female Worker’s Maternity Art.2,3
Historical data (year indicates year of data collection)
  • 2004: Eighteen weeks
  • 1998: Eighteen weeks
  • 1994: Eighteen weeks

Extension

In case of multiple pregnancy, the paid leave prior to confinement shall be extended to eight weeks.

If the birth takes place after the due date, prenatal leave shall be extended until confinement and shall be paid for up to two weeks. If the birth takes place before the due date, prenatal leave shall end and post-natal leave shall begin.
Labour Code Art.216, 218
Decree 234 on Female Worker’s Maternity Art.6,7

Leave in case of illness or complications

A female worker may claim paid sick leave during the time of the sickness.

In case of the death of the newborn due to complications or a congenital illness during the first 4 weeks after confinement, postnatal leave has a total duration of 6 weeks. If the death arises after the 4 weeks from the confinement, post natal leave has a total duration of 12 weeks.
Decree 234 on Female Worker’s Maternity Art.9
Labour Code Art.275

RELATED TYPES OF LEAVE


Parental leave


Scope

Following the post-natal Maternity leave, a parent, mother or father, may request paid leave to care for their children, where the child is under one year of age.

When the mother or the father are unable to work because they have to take care of their children, they are entitled to an unpaid leave for
-up to 9 months until the child is one year old, for those workers who do not fulfill the qualifying conditions for parental leave.
- up to 6 months for workers who have children under 16 years old.
Labour Code Art.219
Decree 234 on Female Worker’s Maternity Art.15,16,17,21

Qualifying conditions

Workers male or female, who have worked for not less than 75 days in the 12 months immediately preceding the start of maternity leave.

Workers who pretend to take parental leave for taking care to their children under 16 years old, shall have effectively worked two thirds of the working days prior to the date of application of the leave.
Decree 234 on Female Worker’s Maternity Art.15,25

Length

Parental leave is granted for a period starting from the last day of the maternity leave until the child reaches the age of one year old.

Under special circumstances, when the child reaches the age of one year old and if the father or the mother continue to be unable to work becuase they have to take care of their children, under justifiable reasons, he or she may claim an unpaid leave that in no case may exceed 3 months.
Decree 234 on Female Worker’s Maternity Art.15,23

Paternity leave

If the mother dies after the child birth, the father, if he works, is entitled to a paid leave with a duration equivalent to the remaining period, if he fulfils the same qualifying conditions as the deceased mother. In addition, the father may claim all other benefits that the mother would have been entitled.

If for duly justified reasons the father cannot assume this responsability, he may delegate it in the grandparents, brother or sister or any familiar obliged to provide food care until the child reaches the age of one year old.
Decree 234 on Female Worker’s Maternity Art.10

Adoption leave

The legislation provides the same protection for the adoptive parents than for the natural parents. Therefore the maternity leave provisions apply for adoption.
Decree 234 on Female Worker’s Maternity Art.1

CASH BENEFITS


Maternity leave benefits


Scope

All female workers in the public sector, cooperatives or the private sector are covered by the protection of the Social Security and are entitled to receive in cash benefits.
Law No. 105 on Social Security Art.3,5,11,12

Qualifying conditions

In order to be entitled to enjoy maternity benefits, the worker shall have worked at least 75 days in the last 12 months preceeding the date of commencement of such benefit, independently of the number of working places where the worker has been linked.

Notwithstanding the aforementioned, the worker may enjoy an unpaid pre natal and post natal leave and shall be entitled to enjoy other extraordinary benefits or and in case of economic need immediate protection from the Social Security.
Decree 234 on Female Worker’s Maternity Art.4

Duration

The female worker shall enjoy maternity leave benefits with a total duration of 18 weeks.
Decree 234 on Female Worker’s Maternity Art.2,3

Amount

The amount for maternity leave is 100% of the average weekly income received in the 12 months immediately preceding, which may not be less than $20.00 per week.
Decree 234 on Female Worker’s Maternity Art.11
Historical data (year indicates year of data collection)
  • 2009: 100 per cent of the average weekly income received in the 12 months immediately preceding, which may not be less than a fixed amount.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The Social Security provides maternity benefits, which are financed through the contributions of the State, Labour entities and workers, in the terms and conditions provided in the Tax Legislation.
Law No. 105 on Social Security Art.3
Decree 234 on Female Worker’s Maternity Art.2,6,29
Historical data (year indicates year of data collection)
  • 2009: Social security.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits


Scope

Following the post-natal Maternity leave, a parent, mother or father, may request paid leave to care for their children, where the child is under one year of age.
Decree 234 on Female Worker’s Maternity Art.15,16,17

Qualifying conditions

Workers, male or female, who have worked for not less than 75 days in the 12 months immediately preceding the start of maternity leave, are entitled to enjoy parental leave benefits.
Decree 234 on Female Worker’s Maternity Art.15

Duration

The length of parental leave is the period of time starting from the last day of post natal leave until the child reaches the age of one year old.
Decree 234 on Female Worker’s Maternity Art.15

Amount

The amount for parental leave is 60% of the average weekly incomes received for maternity benefits.
Decree 234 on Female Worker’s Maternity Art.15

Financing of benefits

The Social Security provides parental benefits, which are financed through the contributions of the State, Labour entities and workers, in the terms and conditions provided in the Tax Legislation.
Decree 234 on Female Worker’s Maternity Art.2,6,15,29
Law No. 105 on Social Security Art.3

Paternity leave benefits

If the mother dies after the child birth, the father, if he works, is entitled to a paid leave with a duration equivalent to the remaining period, if he fulfils the same qualifying conditions as the deceased mother. In addition, the father may claim all other benefits that the mother would have been entitled.

If for duly justified reasons the father cannot assume this responsability, he may delegate it in the grandparents, brother or sister or any familiar obliged to provide food care until the child reaches the age of one year old.
Decree 234 on Female Worker’s Maternity Art.10

Qualifying conditions

Workers who have worked for not less than 75 days in the 12 months immediately preceding the start of maternity leave, are entitled to enjoy paternity leave benefits.
Decree 234 on Female Worker’s Maternity

Financing of benefits

The Social Security provides paternity benefits, which are financed through the contributions of the State, Labour entities and workers, in the terms and conditions provided in the Tax Legislation.
Decree 234 on Female Worker’s Maternity Art.29

Adoption leave benefits

The legislation provides the same protection for the adoptive parents than for the natural parents. Therefore the maternity leave benefits provisions apply for adoption.
Decree 234 on Female Worker’s Maternity Art.1

Financing of benefits

The Social Security provides adoption benefits, which are financed through the contributions of the State, Labour entities and workers, in the terms and conditions provided in the Tax Legislation.
Decree 234 on Female Worker’s Maternity Art.29

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

During her pregnancy and for up to 34 weeks before her confinement, (32 weeks in case of multiple pregnancy), a woman worker is entitled to receive medical and stomatology treatment.
During the child’s first year, a woman worker is entitled to one day of paid leave every month to attend a pediatric clinic.
Decree 234 on Female Worker’s Maternity Art.18, 19

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Female employees are entitled to one daily hour break to breastfeed their child until he reaches the age of one year old.

The hour for breastfeeding is to be preferably taken at the begin or at the end of the working day, as agreed between the worker and the administration.
Decree 234 on Female Worker’s Maternity Art.20

Remuneration of nursing breaks

Nursing breaks shall be considered as working time for the purposes of remuneration.
Decree 234 on Female Worker’s Maternity Art.20

HEALTH PROTECTION


Arrangement of working time


Overtime

Any female worker who is pregnant or has children of up to one year of old, shall be exempted from working extra hours or double shifts.
Labour Code Art.215

Time off for medical examinations

During her pregnancy and for up to 34 weeks before her confinement, (32 weeks in case of multiple pregnancy), a woman worker is entitled to six days or 12 half-days paid leave to receive medical and stomatology treatment.

During the child’s first year, a woman worker is entitled to one day of paid leave every month to attend a paediatric clinic.
Labour Code Art.18, 19

Dangerous or unhealthy work


Risk assessment

Pregnant women or women at child-bearing age shall not be employed in activities or posts affecting the reproductive system, the reproductive function or the normal course of pregnancy. The lists of posts and activities not recommended shall be approved by the competent authority .
Labour Code Art.212, 213, 214

» Transfer to another post

A woman worker who is prevented by pregnancy from carrying out her duties shall be temporarily transferred to another post suited to her physical condition.
Labour Code Art.216

» Paid/unpaid leave

The conditions and amount of pay in cases in which the worker is transferred to another post in prevention of her health, shall be fixed by law.
Labour Code Art.216

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Female workers enjoy the same protection as male workers, taking into account the constitutional principle of equality in rights, duties, garanties, and the same access to oportunities and working possibilities.

Every citizen able to work, without distinction on grounds of sex, among others, shall have the opportunity to obtain employment by which he/she may contribute to the aims of society and to the satisfaction of his/her needs.
Law No. 105 on Social Security Art.2
Labour Code Art.3(b)

Guaranteed right to return to work

A woman worker is guaranteed reinstatement in her employment on the expiry of her maternity leave and is entitled to hold the post she occupied prior to her leave.

As far as the unpaid parental leave is concerned, the parent, mother or father, who benefited from the leave is guaranteed right to return to work and to hold the post occupied prior to the leave.

The only reasons for which a woman worker, with a contract of indefinite duration, who is on paid or unpaid maternity leave, may be notified of a decision to terminate her contract of employment are the violation of work discipline, punishment by deprivation of liberty, which exceeds six months, as the result of a definitive sentence and failure to resume work on the expiry of the unpaid leave granted to look after her children.
Decree 234 on Female Worker’s Maternity Art.2
Labour Code Art.24

Results generated on: 20th April 2014 at 10:18:47.
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