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Eritrea - Maternity protection - 2011


LAST UPDATE

5 April 2011

Data quantity

NORMAL

SOURCES


Name of Act

The Labour Proclamation of Eritrea, Proclamation No. 118/2001.
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MATERNITY LEAVE

The Labour Proclamation provides for an entitlement to maternity leave.
Labour Proclamation 2001 §66

Scope

The scope of the maternity leave entitlements mirrors that of the Labour Proclamation.
Labour Proclamation 2001 §3(1) and (5)
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Qualifying conditions

None prescribed.

Duration

60 consecutive days
Labour Proclamation 2001 §66(2)

Compulsory leave

No compulsory leave is prescribed by the Labour Proclamation.

General total duration

A pregnant employee shall be entitled to sixty consecutive days of paid maternity leave beginning from the next day of her delivery. She may, however choose to take her maternity leave in two parts, one preceding her presumed confinement and the other after her delivery.
Labour Proclamation 2001 §66(2)
Historical data (year indicates year of data collection)
  • 2009: Sixty days
  • 2004: Sixty days
  • 1998: n.a.
  • 1994: n.a.

Extension

An employee who falls sick following the end of maternity leave, shall be granted sick leave under §62.
Labour Proclamation 2001 §66(3)

Leave in case of illness or complications

Other than the right to paid leave to attend medical examinations, there is no provision for leave specific to illness or complications associated with pregnancy or birth. However, an employee will have the right to sick leave under §62 both before and after taking maternity leave.
Labour Proclamation 2001 §§62, 66(1), 66(3)

RELATED TYPES OF LEAVE

No related types of leave identified.

RIGHT TO PART-TIME WORK

None identified.
Labour Proclamation 2001

CASH BENEFITS

Maternity leave shall be paid.
Labour Proclamation 2001 §66

Maternity leave benefits

The employer is obliged to grant a pregnant employee 60 days’ paid maternity leave.
Labour Proclamation 2001 §66

Scope

The scope to payment mirrors the scope of the maternity leave entitlement.
Labour Proclamation 2001 §66

Qualifying conditions

None prescribed.
Labour Proclamation 2001 §66

Duration

The entitlement is 60 days of paid leave.
Labour Proclamation 2001 §66(2)

Amount

The Labour Proclamation provides that the maternity shall be paid, but does not specify whether it will be at the rate of the employee’s wages or remuneration (as those terms are defined in §3).
Labour Proclamation 2001 §66(2)
Historical data (year indicates year of data collection)
  • 2009: Paid (no information on the amount)
  • 2004: Paid but no information on how much
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

Employer
Labour Proclamation 2001 §66(2)
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: n.a.
  • 1994: n.a.

MEDICAL BENEFITS

None identified.
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BREASTFEEDING

No provision is made for breastfeeding.
Labour Proclamation 2001

HEALTH PROTECTION

The Labour Proclamation restricts a pregnant worker’s hours and provides for the right to transfer from dangerous work.
Labour Proclamation 2001 §67

Arrangement of working time

A pregnant employee may not be assigned on work between 10pm and 6am and overtime work.
Labour Proclamation 2001 §67(1)

Night work

Prohibited for pregnant workers.
Labour Proclamation 2001 §67(1)

Overtime

Prohibited for pregnant workers.
Labour Proclamation 2001 §67(1)

Time off for medical examinations

A pregnant employee shall be greated leave with pay for medical examination connected with her pregnancy provided, however, that she is obliged to present a medical certificate of her examination to employer.
Labour Proclamation 2001 §66(1)

Dangerous or unhealthy work

Where a pregnant employee’s job is dangerous to pregnancy or health, she may, upon official medical certification, be transferred with the same wage another temporary job. She shall be entitled to be reinstated to her former job after the end of maternity leave.
Labour Proclamation 2001 §67(2)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

The Labour Proclamation imposes a general obligation not to discriminate against women and prohibits the termination of employment during maternity leave or related sick leave.
Labour Proclamation 2001 §§65, 67

Anti-discrimination measures

Women may not be discriminated against as regards opportunity or treatment in employment or remuneration, on the basis of their sex.
Labour Proclamation 2001 §65(1)

Prohibition of pregnancy testing

The Labour Proclamation does not prohibit pregnancy testing.
Labour Proclamation 2001

Protection from discriminatory dismissal

An employer may neither terminate the contract, employment nor serve notice of termination employee on maternity leave or on sick leave that has arisen out of her pregnancy or confinement.
Labour Proclamation 2001 §67(3)

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

An employer may neither terminate the contract, employment nor serve notice of termination employee on maternity leave or on sick leave that has arisen out of her pregnancy or confinement. Further, where a pregnant employee is transferred from her position because it poses a risk to her health or pregnancy, she shall be entitled to be reinstated to her former job after the end of maternity leave.
Labour Proclamation 2001 §67(2) and (3)

Results generated on: 27th November 2014 at 06:29:33.
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