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Ethiopia - Maternity protection - 2011


LAST UPDATE

25 February 2011

Data quantity

NORMAL

SOURCES


Name of Act

Constitution of The Federal Democratic Republic of Ethiopia, in effect as of 21 August 1995 (Federal Negarit Gazeta, Year 1, No. 1, 21 August 1995, pp. 1-38)

Name of Act

Labour Proclamation No. 377/2003 (Federal Negarit Gazeta No. 12, 26 February 2004, pp. 2453- 2504)
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Name of Act

Social Health Insurance Proclamation No. 690 /2010 (Federal Negarit Gazeta No. 50 dated 19th August 2010, pp5494-5499)

Name of Act

Civil Code 1960 Title XVI Contracts for the Performance of Services (Negarit Gazeta, 5 May 1960, No. 2, Extraordinary)
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Name of Act

Regulation No.302/1964

MATERNITY LEAVE

The Labour Proclamation provides a statutory entitlement to four types of maternity leave:
(1) paid leave attend medical examinations related to the pregnancy;
(2) paid leave during pregnancy upon recommendation of a medical doctor;
(3) up to 30 days’ paid prenatal leave; and
(4) 60 days’ post-natal leave.

Workers who are not covered by the Labour Proclamation may be entitled to a more limited form of maternity leave under the Civil Code 1960.

Unless otherwise specified, the entitlements set out below are as per the Labour Proclamation 2003.
Labour Proclamation 2003 §88
Civil Code 1960 §2566

Scope

The Labour Proclamation does not apply to the following categories of work:
(a) upbringing, treatment, care or rehabilitation;
(b) education or training, other than of an apprentice;
(c) managerial work, including related legal advisory work;
(d) non-profit making work;
(e) government services work governed by special laws, such as armed forces, police, state administration, judges and prosecutors;
(f) self-employment.

However, workers who perform the above categories of work have more limited maternity leave entitlements under the Civil Code 1960.
Labour Proclamation 2003 §2
Civil Code 1960 §2566

Qualifying conditions

Where an employee takes leave to attend a pregnancy-related medical examination, the employee is obliged to present a medical certificate of her examination to her employer.

The right to take paid leave during the pregnancy, other than during the 30 days preceding the presumed confinement date, is contingent upon the recommendation of a medical doctor.

No further qualifying conditions are imposed on maternity-related leave.
Labour Proclamation 2003 §88(1)

Duration

Fourteen (14) consecutive days per year when he has been in the service of the employer for at least one(1) year;

-Sixteen(16) consecutive days per year when he has been in the service of the employer for more than three(3) and less than five(5) years;

-Twenty(20) consecutive days per year when he has been in the service of the employer for more than five(5) years and less than ten(10) years; and

-Twenty-five(25) consecutive days per year when he has been in the service of the employer for more than ten(10) years.

Regulation No.302/1964

The birth related leave entitlement is an entitlement of up to 90 days.

The period of other maternity-related leave entitlements is not prescribed.
Labour Proclamation 2003 §88
Regulation No.302/1964

Compulsory leave

The Labour Proclamation does not impose any compulsory maternity-related leave.

General total duration

The maternity leave entitlement consists of:
(a) 30 consecutive days of leave with pay preceding the presumed date of her confinement; and
(b) a period of 60 consecutive days of leave after her confinement.

Where the actual date of confinement is earlier than the presumed date, the period of postnatal leave will commence from the date of the birth.

Workers who are not covered by the Labour Proclamation 2003 have a right to one month’s leave during the period of confinement.
Labour Proclamation 2003 §88(3) and (4)
Civil Code 1960 §2566
Historical data (year indicates year of data collection)
  • 2009: 90 consecutive days (30 days prenatal and 60 days postnatal leave)
  • 2004: Ninety days
  • 1998: Ninety days
  • 1994: Ninety days

Extension

Where the actual date of confinement is later than the presumed date of confinement, the employee will be entitled to take additional paid leave until her confinement in accordance with §88(2).
Labour Proclamation 2003 §88(4)

Leave in case of illness or complications

A pregnant woman worker shall, upon recommendation of a medical doctor, be enttiled to a leave with pay.
Labour Proclamation 2003 §88(2)
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RELATED TYPES OF LEAVE

The Labour Proclamation 2003 does not expressly provide for parental, paternity or adoption leave. However, article 81 provides an entitlement to up to 5 consecutive days’ unpaid leave in the case of exceptional and serious events.
Labour Proclamation 2003 §81(2)
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RIGHT TO PART-TIME WORK

There is no express entitlement to part-time work in the legislation reviewed.

CASH BENEFITS

Maternity leave is to be on full pay.
Labour Proclamation 2003 §88
Constitution of the Federal Democratic Republic of Ethiopia §35
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Maternity leave benefits

The entitlement to pay during post-natal maternity leave periods is derived from article 35(5) of the Constitution. The entitlement to pay during periods of pre-natal maternity leave is prescribed by article 88 of the Labour Proclamation 2003.
Labour Proclamation 2003 §88(1), (2) and (3)
Constitution of the Federal Democratic Republic of Ethiopia §35(5)

Scope

The scope of the entitlement to maternity leave pay mirrors the scope of the relevant entitlement to maternity leave.
Labour Proclamation 2003 §88
Constitution of the Federal Democratic Republic of Ethiopia §35(5)
Civil Code 1960 §2566

Qualifying conditions

No relevant provisions identified.

Duration

The duration of the entitlement to maternity leave pay is the same as the duration of the relevant entitlement to maternity leave.
Labour Proclamation 2003 §88
Civil Code 1960 §2566

Amount

Women have a constitutional right to maternity leave on full pay.

The Labour Proclamation provides that periods of maternity leave taken before the date of confinement are to be paid. These periods include periods of leave taken to attend pregnancy-related medical examinations, upon recommendation by a medical doctor and during the 30 days preceding the expected date of confinement. In the absence of any provision to the contrary, it is inferred that the entitlement is to full pay.

The Labour Proclamation is silent as to the entitlement to pay during periods of post-natal maternity leave.

The Civil Code requires that employers whose employees are taking one month’s maternity leave in accordance with its terms, pay the employee half her salary during the period of maternity leave.
Labour Proclamation 2003 §88(1), (2) and (3)
Constitution of the Federal Democratic Republic of Ethiopia §35(5)
Civil Code 1960 §2566(2)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Employer paid, social security administered.
Labour Proclamation 2003 §88(1), (2) and (3)
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Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

MEDICAL BENEFITS

The Social Health Insurance Proclamation No 690/2010 was passed in 2010. This proclamation established a social health insurance scheme to ’provide quality and sustainable universal health care’ for the benefit of members and their families. All employees are required to be members.
Social Health Insurance Proclamation 2010 §§3, 4, 5

Pre-natal, childbirth and post-natal care

The Social Health Insurance Proclamation does not deal expressly with maternity-related health care.
Social Health Insurance Proclamation 2010

Financing of benefits

The social health insurance scheme is financed by members’ contributions, employers’ contributions, investment income and other related sources.
Social Health Insurance Proclamation 2010 §6

HEALTH PROTECTION

The Labour Proclamation 2003 imposes restrictions on working times, and provides for a right to transfer to safe work, for pregnant women.
Labour Proclamation 2003 §87

Arrangement of working time

Pregnant women are not to be assigned to night work between 10pm and 6am, or to be employed on overtime work.
Labour Proclamation 2003 §87(3)

Night work

Pregnant women are not to be assigned to night work between 10pm and 6am.
Labour Proclamation 2003 §87(3)

Overtime

Pregnant women are not to be employed on overtime work.
Labour Proclamation 2003 §87(3)

Time off for medical examinations

Pregnant employees are entitled to leave without deduction of wages to attend medical examinations connected to their pregnancy.
Labour Proclamation 2003 §88(1)

Dangerous or unhealthy work

Pregnant women shall be transferred to another place of work if her job is dangerous to her health or pregnancy as ascertained by a medical doctor.

There is also a general prohibition on employing women (whether or not they are pregnant) in types of work that may be listed by the Minister to be particularly arduous or harmful to their health.
Labour Proclamation 2003 §87(2) and (4)

Results generated on: 31st August 2014 at 00:15:29.
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