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Egypt - Maternity protection - 2011


LAST UPDATE

31 March 2011

Data quantity

NORMAL

SOURCES


Name of Act

Social Insurance Law No. 79 of 1975, dated 1 September 1975 (Al-Jarida al-Rasmiya, 1979), as amended up to Act No. 1, dated 5 January 1991 (Al-Jarida al-Rasmiya, No. 1(bis), 5 January 1991, p. 2).

Name of Act

Child Law No. 12 of 1996 as published October 2008 by The Middle East Library for Economic Services

Name of Act

Labour Law No. 12 of 2003, Official Journal Issue No. 14, dated 7 April 2003, published by the Middle East Library for the Economic Services
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Name of Act

Law 126 of 2008 Amending provisions of the Child Law, published in Official Journal Issue 24 (Bis) dated 15 June 2008

Name of Act

Decree 121 of 2003 concerning nursery schools, published in Egyptian Wakayeh / Government Bulletin Issue 162 dated 20 July 2003; taken from The Executive Decrees of the Labour Law, March 2004, The Middle East Library for Economic Services

Name of Act

Decree 153 of 2003 concerning medical examination of workers before their employment and discovery of their faculties, published in Egyptian Wakayeh / Government Bulletin Issue 187 dated 19 August 2003; taken from The Executive Decrees of the Labour Law, March 2004, The Middle East Library for Economic Services

Name of Act

Decree 155 of 2003 determining the works for which women may not be employed, published in Egyptian Wakayeh / Government Bulletin Issue 187 dated 19 August 2003; taken from The Executive Decrees of the Labour Law, March 2004, The Middle East Library for Economic Services

Name of Act

Decree 180 of 2003 concerning the regulation of medical care for workers, published in Egyptian Wakayeh / Government Bulletin Issue 220 dated 27 September 2003; taken from The Executive Decrees of the Labour Law, March 2004, The Middle East Library for Economic Services

Name of Act

Decree 183 of 2003 organizing the employment of women at night work shifts, published Egyptian Wakayeh / Government Bulletin Issue 220 dated 27 September 2003; taken from The Executive Decrees of the Labour Law, March 2004, The Middle East Library for Economic Services.

Other source used

Social Security Schemes in Egypt 1985, A pamphlet highlighting the principal features of social security schemes in Egypt, gifted by Insurance Studies and Research Center, an Agency of Arab Contractors Complementary Insurance Fund

MATERNITY LEAVE

Women are entitled to up to 3 months’ paid maternity leave and up to 2 years’ unpaid leave to care for their child.
Labour Law 2003
Child Law 1996 - Part 5

Scope

The maternity leave provisions of the Labour Law 2003 cover all natural persons working in return for a wage with and under the management or supervision of the employer except:
(A) public servants of the state agencies, including the local government units and public authorities;
(B) domestic service workers and the like;
(C) dependent family members of the employer.
Female workers engaged in sheer agricultural labour are also excepted from the maternity leave entitlements under the Labour Law.

A female official and civil servant of the state, a worker of the public sector, the public enterprise sector and the private sector shall be entitled to delivery leave under the Child Act.
Labour Law 2003 §§1, 4, 91 and 97
Child Law 1996 - Part 5 §70

Qualifying conditions

An entitlement to maternity leave under the Labour Law 2003 only arises after the worker has spent 10 months in the service of the employer and is contingent on the worker submitting a medical certificate indicating the date on which delivery most likely took place. A worker shall not be entitled to take maternity leave more than twice throughout the worker’s period of service.

No qualifying period is imposed by the Child Law in respect of the entitlement to leave following delivery. Further, a worker shall not be entitled to take leave as provided for by the Child Law more than three times during her service period.
Labour Law 2003 §91
Child Law 1996 - Part 5 §70

Duration

Women are entitled to up to 3 months’ paid maternity leave and up to 2 years’ unpaid leave to care for their child.
Labour Law 2003 §§91, 94
Child Law 1996 - Part 5 §§70, 72

Compulsory leave

A female worker shall not be required to work during the 45 days following childbirth.
Labour Law 2003 §91

General total duration

Under the Labour Law 2003, a female worker shall have the right to a maternity leave of ninety days (only 45 days of which need be taken after childbirth).

Under the Child Law 1996 (as amended in 2008), any female worker in the public or private sector - whether part-time or full-time - shall be entitled to 3 months’ paid leave after delivery.
Labour Law 2003 §91
Child Law 1996 - Part 5 §70
Historical data (year indicates year of data collection)
  • 2009: 3 months after confinement
  • 2004: Ninety days
  • 1998: Fifty days
  • 1994: Fifty days

Extension

Subject to the provision of the second clause of §72 of the Child Law, a female worker in the establishment where 50 workers or more are employed shall have the right to obtain a leave without pay for a period not exceeding 2 years, to care for her child. This leave shall not be entitled more than twice throughout her service period.

A woman working in the state service, the public sector or the public enterprise sector, or in a private enterprise employing 50 workers or more, may obtain 2 years’ unpaid leave to care for her child. The woman will be entitled to this leave up to three times during her period of service.
Labour Law 2003 §94
Child Law 1996 - Part 5 §72, clauses 1 and 3
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Leave in case of illness or complications

The Labour Law 2003 does not provide for leave particular to cases of pregnancy-related illness or complications. However, workers are entitled to sick leave in accordance with §54 of the Labour Law.
Labour Law 2003 §54

RELATED TYPES OF LEAVE

No related types of leave entitlements identified.

RIGHT TO PART-TIME WORK

No provisions establishing a right to part-time work following childbirth identified.

CASH BENEFITS

Maternity leave is to be paid.
Labour Law 2003
Child Law 1996 - Part 5

Maternity leave benefits

Mothers have an entitlement to 90 days’ paid materntiy leave under the Labour Law and 3 months’ paid leave following delivery under the Child Law. Both forms of cash benefits are financed in accordance with the Social Insurance Law.
Labour Law 2003
Child Law 1996 - Part 5

Scope

The maternity leave provisions of the Labour Law 2003 cover all natural persons working in return for a wage with and under the management or supervision of the employer except:
(A) public servants of the state agencies, including the local government units and public authorities;
(B) domestic service workers and the like;
(C) dependent family members of the employer.
Female workers engaged in sheer agricultural labour are also excepted from the maternity leave entitlements under the Labour Law.

A female official and civil servant of the state, the public sector, the public enterprise sector and the private sector shall be entitled to leave entitlements under the Child Law.

The Social Insurance Act covers employees in government, public and private sectors and cooperative societies, excluding self-employed, temporary and casual worker in agriculture, domestic servants and small artisans.
Labour Law 2003 §§1, 4, 91 and 97
Child Law 1996 - Part 5 §70
Social Insurance Law 1975 Part III

Qualifying conditions

To be entitled to compensation for maternity leave, women must contributed to social insurance schemes for at least 10 months before confinement.
Social Insurance Law 1975 Part III

Duration

The entitlement to paid leave is 90 days under the Labour Law 2003 and 3 months under the Child Law 1996 (as amended in 2008).
Labour Law 2003 §91
Child Law 1996 - Part 5 §70
Social Insurance Law 1975 Part III

Amount

Compensation shall be equal to the worker’s comprehensive wage. However, the employer may deprive her of the compensation for her comprehensive wage during the leave period, or recover the amount paid, if it is proved that she had worked during the leave for another employer.
Labour Law 2003 §§91, 92
Child Law 1996 - Part 5 §70
Historical data (year indicates year of data collection)
  • 2009: Full pay (100 per cent).
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Responsibility for financing the compensation for wages while on maternity leave is split between social insurance scheme and the employer. The social insurance scheme bears 75% of the cost and the employer bears 25%.
Labour Law 2003 §91
Child Law 1996 - Part 5 §70
Social Insurance Law 1975 Part III
Historical data (year indicates year of data collection)
  • 2009: Social security (75 per cent) and the employer.
  • 2004: Social security and employer
  • 1998: Social security and employer
  • 1994: Seventy-five percent social security, rest by employer

Alternative provisions

Where a mother elects to take extended leave to care for her child under §94 of the Labour Law or §72 of the Child Law, the department/authority to which the female worker is attached shall bear the social contributions payable thereby in addition to the female worker’s contribution share, according to the provisions of the Child Law, or it shall grant the female worker a wage compensation equivalent to 25% of the wage she is entitled to receive at the date the leave period begins depending on her choice.
Child Law 1996 - Part 5 §72
Labour Law 2003 §94

MEDICAL BENEFITS

The Social Insurance Law 1975 provides an entitlement in certain circumstance to medical maternity benefits.
Social Insurance Law 1975

Pre-natal, childbirth and post-natal care

Where a pregnant woman has paid contributions throughout the previous 3 consecutive months, or for 6 interrupted months provided the last 2 are consecutive, the woman will be entitled to medical benefits in accordance with the Social Insurance Act. The available medical benefits include:
(a) medical services rendered by general practictioners;
(b) medical services of specialists; and
(c) medical care at home, when necessary.
Social Insurance Law 1975
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Financing of benefits

The source of funds are as follows:
(a) insured persons (1% of salary);
(b) employer (4% of salary, or 3% if provides cash sickness benefits to workers);
(c) widows (2% of pension);
(d) pensioners (1% of pension);
(e) government (only as an employer).

Insured patient may pay a small fee in course of his medical treatment accoding to the rules and condition prescribed in a ministerial order.

BREASTFEEDING

Employers are to provide nursing mothers with paid breaks for breastfeeding and nursing facilities.
Labour Law 2003 §§93, 96
Child Law 1996 - Part 5 §71
Decree 121 of 2003 concerning nursery schools

Right to nursing breaks or daily reduction of hours of work

A woman worker who breastfeeds her child during the 24 months following childbirth, and in addition to regulation breaks, shall be entitled to two further breaks of at least half hour, she may also choose to combine them. Such breaks shall be deemed as part of her working time and are not subject to wage deductions. This does not apply to agricultural workers.
Labour Law 2003 §§93, 97
Child Law 1996 - Part 5 §71

Nursing facilities

The employer who employs one hundred or more female workers in the same place shall establish a nursery or entrust to a nursery the task of caring for the children of female workers, according to the conditions and terms to be set by decree of the concerned minister.

Establishments employing less than 100 female workers in the same area shall participate in implementing the obligation prescribed in the previous clause according to the conditions and terms to be set by decree.

This does not apply to agricultural workers.
Labour Law 2003 §§96, 97
Child Law 1996 - Part 5 §73

Decree 121 of 2003 concerning nursery schools

HEALTH PROTECTION

The Labour Law 2003 and the Child Law 1996 establish various restrictions and entitlements designed to protect the health of the mother and child.

Arrangement of working time

The Child Law imposes restrictions on hours that may be worked by pregnant women and new mothers.
Law 126 of 2008 Amending provisions of the Child Law §70

Night work

Subject to the provisions of the international conventions subscribed to, women (whether pregnant or not) may not be employed at night work shifts in any industrial establishment during the period between 7pm and 7am.

In cases where women are employed at night work shifts, the employer shall provide all guarantees of protection, care, transportation and security for the female workers, providing this license for employing them at the night shifts shall be issued from the Manpower and Emigration Directorate, after ascertaining that all aforementioned guarantees and conditions are properly provided.

These rules do not apply to women who occupy administrative supervisory or technical positions, or in force majeur cases if work in a certain institution is discontinued for an unforeseeable reason that by nature does recur, or whenever the work is necessary for maintaining primary materials, or substances in preparation, from realised damage.
§§1, 3, 4, 5

Overtime

Pregnant women may not work extra hours during pregnancy till 6 months after the date of delivery.
Law 126 of 2008 Amending provisions of the Child Law §70

Other work arrangements

The daily working hours of the pregnant woman shall be decreased by at least one hour starting from the sixth month of the pregnancy.
Law 126 of 2008 Amending provisions of the Child Law §70

Dangerous or unhealthy work

Employers are prohibited from employing women (whether pregnant or not) in 29 categories of works. Employers are prohibited from employing pregnant women or breastfeeding mothers in works involving exposure to benzene or products comprising benzene.
Labour Law 2003 §90
Decree 155 of 2003 determining the works for which women may not be employed §1

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

Subject to the provisions of Chapter 2 of Part VI of Book 2 of the Labour Law, female workers have equal rights under the Labour Law and cannot be discharged or terminated while on maternity leave.
Labour Law 2003 Chapter 2 of Part VI of Book 2

Anti-discrimination measures

Discrimination in wages because of the sex, origin, language, religion or creed shall be prohibited.

Subject to the provisions of Chapter 2 of Part VI of Book 2 (’Employment of Woman Workers’), all provisions regulating the employment of workers shall apply to woman workers, without discrimination among them, once their conditions are analogous.
Labour Law 2003 §§35, 88
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Prohibition of pregnancy testing

No prohibition on pregnancy testing identified. Employers are required to medically examine workers before joining the work to ascertain his safety and health fitness pursuant to the type of work to be assigned to the worker.
Labour Law 2003 §216
Decree 153 of 2003 concerning medical examination of workers before their employment and discovery of their faculties

Protection from discriminatory dismissal

The employer shall be prohibited to discharge the female worker or terminate her service during maternity leave taken in accordance with the Labour Law 2003.
Labour Law 2003 §92

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

The employer shall be prohibited to discharge the female worker or terminate her service during maternity leave taken in accordance with the Labour Law 2003.
Labour Law 2003 §92

Results generated on: 19th April 2014 at 19:06:17.
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