Cape Verde - Maternity protection - 2011

5 October 2011.

Law Decree n. 5/2007 enacting the Labour Code (Oficial Publication n.37 pag.1-63 of 16 October 2007, date of entrance into force: 16 April 2008 Decreto legislativo núm. 5/2007 que aprova o Código do Trabalho (Boletim Oficial, Separata núm. 37, 1-63) de 16 de Outubro de 2007 data de entrada em vigor: 16 de Abril de 2008

U.S. Social Security Administration 2011

The Labour Code applies to all workers in a subordinate employment relationship in private, cooperative and mixed companies. It also applies to workers, under an employment contract, providing service to a collective person of public law or equivalent, under the orders and direction of the respective bodies, but without being covered by the legal statute of the public service.

In the event of birth, women are entitled to 60 days of maternity leave.

The pregnant worker in a risk situation to herself, or the baby, preventing her from performing the work, for whichever reason prevents her from performing it, shall enjoy of a special leave for the time necessary to prevent the risk, if it is not assured to her an appropriate place for work, or the execution of compatible functions to her state.

The father is entitled to paternity leave, for a period equal to that of the maternity leave, or equal to the remaining days in case the mother has already enjoyed part of the maternity leave, in the event of:

a) Physical or mental incapacity of the mother, and while the incapacity lasts;
b) Death of the mother.

In the case forseen by b) of the preceeding paragraph, the minimum duration of the leave conceeded to the father has to be of at least 30 days.

The death or physical or mental incapacity of the mother during the 120 days immediately following the birth, entitles the father to the rights forseen in the preceeding paragraphs.

The employer cash benefits are paid between the employer and social security system.

During maternity leave, the worker is entitled to receive from the employer the difference between her normal salary (equal to 90% of the insured’s last monthly earnings or the average of earnings in the last 4 months, whichever is higher) and the benefits paid by social security. If the female worker has not paid into the social security system, then the employer must pay the full amount of the benefit during the maternity leave period.

"The insured must have at least four months of contributions"

During maternity leave, the worker is entitled to receive from the employer the difference between her normal salary (equal to 90% of the insured’s last monthly earnings or the average of earnings in the last 4 months, whichever is higher) and the benefits paid by social security. If the female worker has not paid into the social security system, then the employer must pay the full amount of the benefit during the maternity leave period, that is 60 days.

During maternity leave, the worker is entitled to receive from the employer the difference between her normal salary (equal to 90% of the insured’s last monthly earnings or the average of earnings in the last 4 months, whichever is higher) and the benefits paid by social security. If the female worker has not paid into the social security system, then the employer must pay the full amount of the benefit during the maternity leave period.

In the event of maternity, the worker has the right to receive from the employer the difference between the liquid remuneration to which she would be entitled during the period of absence and the amount of the benefits provided by the Social Security during the maternity leave.

In case the woman is not covered by the Social Security, she is entitled to receive from the employer the totality of the liquid retribution during the leave.

For the purposes of breasfeeding, the worker is entitled to, during the first six months after the birth, to 45 minuts of break in each work period.

The pregnant woman must work in conditions that do not harm the pregnancy.

During pregnancy and after recent birth, workers are entitled to the right to not perform overtime work or night work.

During pregnancy and after recent birth, workers are entitled to the right to not perform overtime work or night work.

Pregnant women, or women with children under the age of 10, are not obliged to perform overtime work during the weekly rest period or holidays.

Pregnant women, or women with children under the age of 10, are not obliged to perform overtime work during the weekly rest period or holidays.

The pregnant worker may, whenever possible, attend to pre-natal medical examinations outside the regular working time of the company.

Whenever the medical examination is only possible during the working time of the company, the employer may require a document attesting such circumstance.

Shall be also transferred to daytime work, pregnant workers, who perform night work or shift work, 180 days before the presumed date of birth, remaining in daytime work for a period not inferior to one year after the birth, unless the employer works exclusively during the night work regime or in a shift work regime.

The employer who denies access to work to a pregnant worker or use any kind of means or strategies to create instability in the work or force the woman to quit the work, beyond other sanctions the fact may give reason, shall be punished with a fine of one year of salaries that would be due to the worker.

Unless proven otherwise, the dismissal of a pregnant woman or breasfeeding is presumably done without just cause.