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Ecuador - Maternity protection - 2011


LAST UPDATE

16 September 2011

SOURCES

Ecuadorian Institute of Social Security

Name of Act

Act on Maternity and Infant Care (Registro Oficial, Supplement No. 523 dated 9 September 1994 Codificacion de ley de Maternidad Gratuita y Atencion a la Infancia), as amended up to codification of the Act on Maternity and Infant Care (Registro Oficial, No. 349, dated 5 September 2006)of 29 August 2006

Name of Act

Social Security Act ( Ley Seguridad Social) of 30 November 2001 as amended up to, Amendment Act to § 63 (Ley reformatoria al artículo 63 de la Ley de Seguridad Social) of 9 May 2007

Name of Act

Labour Code (Codificacion del Codigo del Trabajo) of 30 June 1978 as amended up to Act 2006-40 of 26 April 2006 ( Registro Oficial, 2006-04-27, núm. 259, págs. 2-4)

Name of Act

Codified statute of the Ecuadorian Social Security Institute (IESS) (Estatuto Codificado del Instituto Ecuatoriano de Seguridad Social) of 20 February 1990, as amended by Decision No. 783, of 19 May 1992 (Registro Oficial, No. 951, dated 5 June 1992, p. 19).

Name of Act

Organic Law of Public Service
General Regulation of the Act on Civil Service and Administrative Careers, (Reglamento General de la Ley de Servicio Civil y Carrera Administrativa, (Registro Oficial, No. 162 of 10 April 1985), as amended up to Decree No. 3159, (Registro Oficial, No. 891) of 11 March 1992

Name of Act

Decree No. 3640 regulating Radioactive Security, (Reglamento de Seguridad Radiologica, Registro Oficial, No. 891) of 8 August 1979.

Name of Act

Organic Law Amending the Civil Service Law and Administrative Career and Unification and standardization of Public Sector Pay and the Labor Code
Suplemento del Registro Oficial No 528 Ano III
Quito, Viernes 13 de Febrero del 2009
Ley Organica Reformatoria a la Ley Organica de Servicio Civil y Carrera Administrativa y de Unificacion y Homologacion de las remuneraciones del sector Publico y al Codigo del Trabajo

Name of Act

Law Amending the Social Security Act
Registro Oficial No 323 Jueves 18 de Noviembre de 2010 suplemento
Ley Reformatoria a la Ley de Seguridad Social

Other source used

Other source used

Study on Ecuadorian Legislation on Women, Child and Family
Revised by Dr. MARIA AUXILIADORA MOSQUERA REAL

MATERNITY LEAVE


Scope

The maternity protection provided in the Labour Code covers women workers in the private and public sectors. Civil servants are governed by their own statutes that entitled them with maternity leave.
Labour Code §1
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Qualifying conditions

Medical certificate with the probable or effective date of confinement.
Labour Code
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Duration

12 weeks
up to 10 more days in case of multiple births
Labour Code

Compulsory leave

Two weeks before and ten weeks after confinement.
Labour Code §152

General total duration

Two weeks before and ten weeks after confinement. Civil and Public servants are entitled to the same maternity leave.
Labour Code §162
General Regulation of the Act on Civil Service and Administrative §44(c)
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Leave in case of illness or complications

Women workers are entitled to one year’s leave without pay owing to illness which is due to her pregnancy or confinement and which renders her incapable of work. Women workers may not make use of this leave if they are under temporary, occasional, seasonal, apprenticeship or probationary contracts, and neither may women in domestic service.
Labour Code §154(1), 14

RELATED TYPES OF LEAVE


Parental leave

Paid Parental Leave to take care of hospitalized children or ill with a degenerative sickness.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Scope

the Labour Code covers women workers in the private and public sectors. Civil servants are governed by their own statutes that entitled them with maternity leave.
Public servants covered by the Civil Service Law.
Labour Code
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Qualifying conditions

Medical certificate
Labour Code

Length

25 days can be taken together or alternately by both parents.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Paternity leave

The father has a paid paternity leave of 10 days
This can increase to 5 more days in case of multiple birth or cesarean.
In case of premature child-birth or special care needs of the child
up to 8 more days.
In case the child was born with a degenerative, terminal sickness or severe disability, the father will have a paid paternity leave of 25 days.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code §4 substituting art. 152 of the Labor Code.

Scope

the Labour Code covers workers in the private and public sectors. Civil servants are governed by their own statutes that entitled them with paternity leave.
Public servants covered by the Civil Service Law.
Labour Code
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Qualifying conditions

There are not qualifying conditions in order to be entitled with this right.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Adoption leave

In case of adoption, adoptive parents will have paid adoption leave for 15 days from when the child is legally delivered to them.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Scope

the Labour Code covers workers in the private and public sectors. Civil servants are governed by their own statutes that entitled them with this leave.
Public servants covered by the Civil Service Law.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Qualifying conditions

There are not qualifying conditions to be entitled with this right.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

RIGHT TO PART-TIME WORK

Not provided
Labour Code

CASH BENEFITS


Maternity leave benefits


Scope

Coverage extends to: all women workers in the public and private sectors, civil servants, domestic workers, independent workers, agricultural workers affiliated to Social Insurance for Agricultural workers in a contributory basis.

Those excluded: Members of parliament and family members working in family enterprises and those who are entitled to an invalidity pension for work accidents.
Codified statute of the Ecuadorian Social Security Institute §55, 58 (b, c, d) and 63
Law Amending the Social Security Act
Registro Oficial No 323 Jueves 18 de Noviembre de 2010 suplemento
Ley Reformatoria a la Ley de Seguridad Social

Qualifying conditions

To be entitled to the benefits, the woman must prove she has made continuously 12 monthly contributions during the year prior to the due date of confinement.
Ecuadorian Institute of Social Security http://www.iess.gob.ec/site.php?content=2066-maternidad

Duration

during twelve weeks.

Amount

100 per cent of income
Labour Code §153(2)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent of income during twelve weeks.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The Social Security Institute covers 75 per cent of the maternity benefit, with the employer covering the remaining 25 per cent .
Codified statute of the Ecuadorian Social Security Institute §97(b)
Historical data (year indicates year of data collection)
  • 2009: The Social Security Institute covers 75 per cent of the maternity benefit, with the employer covering the remaining 25 per cent .
  • 2004: Seventy-five percent social security, twenty-five percent employer
  • 1998: Seventy-five percent social security, twenty-five percent employer
  • 1994: Seventy-five percent social security, twenty-five percent employer

Parental leave benefits

Please see parental leave fields above, which apply also for parental cash benefit during leave for sickness of a child.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Paternity leave benefits

The father has a paid paternity leave of 10 days
This can increase to 5 more days in case of multiple birth or cesarean.
In case of premature child-birth or special care needs of the child
up to 8 more days.
In case the child was born with a degenerative, terminal sickness or severe disability, the father will have a paid paternity leave of 25 days.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code
Ecuadorian Institute of Social Security

Scope

Coverage extends to: all workers in the public and private sectors, civil servants, domestic workers, independent workers, agricultural workers affiliated to Social Insurance for Agricultural workers in a contributory basis.

Those excluded: Members of parliament and family members working in family enterprises and those who are entitled to an invalidity pension for work accidents.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code
Social Security Act

Qualifying conditions

There are not qualifying conditions to be entitled with this right in the Organic Law.
Eventually, a Decree may establish a minimum period of contributions as it has done for maternity cash benefits. To this date, we do not have information available on this.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code
Ecuadorian Institute of Social Security

Financing of benefits

Social Security.
It is not mentioned the percentage paid by the employer and/or the social security as it is mentioned for maternity cash benefit.
Ecuadorian Institute of Social Security

Adoption leave benefits

In case of adoption, adoptive parents will have paid adoption leave since the child is legally delivered to them.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Scope

The Labour Code covers workers in the private and public sectors. Civil servants are governed by their own statutes that entitled them with this leave.
Public servants covered by the Civil Service Law.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Qualifying conditions

There are not qualifying conditions to be entitled with this right in the Organic Law.
Eventually, a Decree may establish a minimum period of contributions as it has done for maternity cash benefits. To this date, we do not have information available on this.
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code
Ecuadorian Institute of Social Security

Duration

15 days
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code

Financing of benefits

Social Security
Organic Law Amending the Civil Service Law, Administrative Career and the Labor Code
Ecuadorian Institute of Social Security

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Insured women workers are entitled to the necessary obstetric assistance, including care during pregnancy, childbirth and the post-natal period. Insured women who have only paid contributions for two months during the year prior to confinement shall be entitled to prenatal assistance. All Ecuadorian women are entitled to free, quality health care during pregnancy, childbirth and the post-natal period.
Codified statute of the Ecuadorian Social Security Institute §97 5:§1-2
Code of Maternity Payed and Infant Care §1(a,b), 2
Social Security Act §103(d), 105(a,b,c)

Financing of benefits

Social security
Codified statute of the Ecuadorian Social Security Institute §97
Code of Maternity Payed and Infant Care §2
Social Security Act §105(b)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

In enterprises or work centres where there is no nursery, a nursing mother’s hours of work for the first nine months after her confinement shall amount to six a day, which shall be fixed or distributed in the manner prescribed by collective agreement, in the work rules or by agreement between the parties.
Labour Code §155

Remuneration of nursing breaks

Affiliated of public institutions are entitled to 2 paid hours of nursing license for 12 months from the date it has completed her maternity leave. affiliates of private companies are entitled to 2 paid hours of breastfeeding until the child turns 9 months old.
Ecuadorian Institute of Social Security

Transfer to another post

Not provided
Labour Code

Nursing facilities

In permanent places of employment having 50 employees or more the employer shall set up, in or near the enterprise or work centre, a nursery where the employees’ children may be left.
Labour Code §155

HEALTH PROTECTION


Dangerous or unhealthy work


General

No woman shall be employed in any industry or occupation that is deemed to be dangerous or unhealthy, (those places are listed in special regulations). It is also established a maximum load for women and children.
Night work is prohibited only for minors under 18 years old.
Labour Code §137, 138, 139

Particular risks


» Work involving exposure to biological, chemical or physical agents

The necessary measures must be taken so that women of childbearing age are not exposed to the maximum permitted levels of radiation. Pregnant women shall not be exposed to any radiation and must be transferred to other duties for the necessary time.
Decree No. 3640 regulating Radioactive Security §112(d,e)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Constitution establishes in its Art. 3. Equality before the law. All persons are considered equal and shall enjoy the same rights, freedoms and opportunities without discrimination on grounds of birth, age, sex, ethnicity, color, social origin, language, religion, political affiliation, economic status, sexual orientation, status of health, disability, or difference of any kind.

Prohibition of pregnancy testing

Not identified
Labour Code

Protection from discriminatory dismissal

No pregnant woman may be dismissed from the date of commencement of her pregnancy, except in justified cases and not due to her condition, in which case this must be authorized by the competent authorities. In the event of unjustified dismissal, the employer shall pay compensation equal to her remuneration for one year, without prejudice to any other entitlements that she may have. A woman worker cannot be replaced definitely by her employer during her maternity leave.
Labour Code §153,154

Burden of proof

Not identified
Labour Code

Guaranteed right to return to work

A worker’s contract of employment shall not be terminated on account of her pregnancy, and the employer shall not appoint a permanent replacement for her during the maternity leave period. No pregnant woman may be dismissed from the date of commencement of her pregnancy, except in justified cases and not due to her condition, in which case this must be authorized by the competent authorities. In the event of unjustified dismissal, the employer shall pay compensation equal to her remuneration for one year, without prejudice to any other entitlements that she may have.
Labour Code §153, 154

Results generated on: 25th October 2014 at 03:25:15.
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