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Dominican Republic - Maternity protection - 2011


LAST UPDATE

7 June 2011

SOURCES


Name of Act

Act establishing a Social Insurance System, Act No. 87-01 (Ley núm. 87-01 que crea el Sistema Dominicano de Seguridad Social), Consejo Nacional de Seguridad Social, Serie Reglamentos y Normas núm. 5, 165 págs, as amended up to 9 August 2007 by Act No. 188-07.

Name of Act

Decree regulating the application of the Labour Code, Decree No. 25893, of 1 October 1993 (Gaceta Oficial, 15 de octubre de 1993, núm 9867, págs. 825)

Name of Act

Labour Code, Law No. 1692, of 29 May 1992, as amended up to Act No. 103-99 dated 6 October 1999.
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Name of Act

Act on Social Insurance, Act No. 1896, dated 30 December 1948 (Gaceta Oficial, No. 6883 of 14 January 1949, p. 1), as amended up to 9 May 2001 by Act No. 87-01.

MATERNITY LEAVE


Scope

The maternity protection provided for in the Labour Code covers all women working in the private sector. Civil servants are governed by their own statutes .
Labour Code Principle III

Duration


Compulsory leave

Every female worker is entitled to enjoy 12 weeks of maternity leave(including at least six weeks after confinement).
Labour Code Art.236

General total duration

The general total duration of maternity leave is 12 weeks (six weeks each before and after confinement).
Labour Code Art.236, 237
Historical data (year indicates year of data collection)
  • 2009: 12 weeks (six weeks each before and after confinement)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Leave in case of illness or complications

In the event of inability to return to work owing to illness caused by the pregnancy or confinement, the woman worker shall be entitled to a period of unpaid leave for as long as is necessary for her recuperation.
Labour Code Art.241-242

RELATED TYPES OF LEAVE


Paternity leave


Scope

The employer is obliged to grant the employee two days of leave with pay to enjoy the event delivery of the wife or partner in the company duly registered.
Labour Code Art.54

Length

The worker is entitled to two days of leave.
Labour Code Art.54

CASH BENEFITS


Maternity leave benefits


Scope

The social security scheme covers workers between the ages of 14 and 60, including domestic workers, temporary workers, casual workers, home workers, apprentices, and persons who are paid in kind; exceptions are civil servants, workers whose income exceeds a certain amount and family workers. Self-employed workers and those who are not insured can be covered on a voluntary basis.
Act on Social Insurance Art.2,4 and 8

Qualifying conditions

It is necessary for the woman to have paid contributions for 32 weeks within the twelve months prior to her confinement. The worker may not undertake any paid work during her leave.
Act establishing a Social Insurance System Art.132

Duration

12 weeks.
Labour Code Art.236, 237 and 239
Act on Social Insurance Art.50

Amount

100 per cent of the worker’s salary (the sum is equivalent to the salary for three months)
Labour Code Art.239
Act on Social Insurance Art.50
Historical data (year indicates year of data collection)
  • 2009: 100 per cent of the worker's salary (the sum is equivalent to the salary for three months)
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

50 per cent by the employer and the remaining 50 per cent by the Dominican Social Security Institute. If the worker is not covered by social insurance legislation, the employer shall pay 100 per cent of the benefit.
Labour Code Art.239
Act on Social Insurance Art.50
Historical data (year indicates year of data collection)
  • 2009: 50 per cent by the employer and the remaining 50 per cent by the Dominican Social Security Institute. If the worker is not covered by social insurance legislation, the employer shall pay 100 per cent of the benefit.
  • 2004: Fifty percent social security, fifty percent employer
  • 1998: Fifty percent social security, fifty percent employer
  • 1994: Fifty percent social security, fifty percent employer

Paternity leave benefits


Scope

The employer is obliged to grant the employee two days of leave with pay to enjoy the event delivery of the wife or partner in the company duly registered.
Labour Code Art.54

Duration

2 days of paid leave.
Labour Code Art.54

Amount

The worker is entitle to receive his normal salary during such leave.
Labour Code Art.54

Financing of benefits

The employer.
Labour Code Art.54

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Insured women workers shall be entitled during pregnancy, childbirth and the postnatal period, to medical and hospital care and pharmaceutical supplies .
Act on Social Insurance Art.50

Financing of benefits

Social Security Institute
Act on Social Insurance Art.50

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During the period of breastfeeding the woman worker shall be entitled in the workplace to three remunerated rest periods a day, of not less than 20 minutes each, for the purpose of breastfeeding her child . This period shall not exceed 12 months .
Labour Code Art.240
Decree regulating the application of the Labour Code Art.51

HEALTH PROTECTION


Dangerous or unhealthy work


General

During her pregnancy, no woman worker shall be required to carry out work which requires physical exertion incompatible with her condition.
Labour Code Art.234

Risk assessment


» Transfer to another post

Where, as a result of pregnancy or childbirth, the work performed by a woman is harmful to her health or that of her child, and a medical practitioner certifies this fact, the employer must provide a change of work.
Labour Code Art.235

» Paid/unpaid leave

Where a change of work is impossible, the woman shall be entitled to Unpaid leave, without prejudice to her maternity leave.
Labour Code Art.235

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Women have the same rights and obligations as men in respect of labour legislation.
Labour Code Art.231

Protection from discriminatory dismissal

No woman may be dismissed from her employment on account of pregnancy. Any dismissal for pregnancy shall be null and void. Any dismissal of a pregnant woman or within six months of childbirth must first be submitted for approval to the competent authority in order to determine whether dismissal is as a result of pregnancy or childbirth. An employer who dismisses a woman worker without observing the above-described procedure must pay that worker, in addition to the benefits due to her, compensation equivalent to five months’ ordinary salary.
Labour Code Art.233

Results generated on: 23rd November 2014 at 12:02:07.
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