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Fiji - Maternity protection - 2011


LAST UPDATE

29 July 2011

SOURCES


Name of Act

Employment Relations Promulgation 2007, Promulgation no. 36 of 2007 dated 2 October 2007, published by the Ministry of Labour, Industrial Relations and Employment, on http://www.labour.gov.fj/laws.htm, accessed 26 July 2011
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Name of Act

Health and Safety at Work Act 1996 as published by the Ministry of Labour, Industrial Relations and Employment at http://www.labour.gov.fj/laws/HASAWA1996.pdf and accessed on 28 July 2011

Name of Act

Health and Safety at Work (General Workplace Conditions) Regulations 2003 as published by the Ministry of Labour, Industrial Relations and Employment at http://www.labour.gov.fj/laws/HASAWA1996.pdf and accessed on 26 July 2011

MATERNITY LEAVE

The Employment Relations Promulgation provides for an entitlement to 84 days’ maternity leave.
Employment Relations Promulgation 2007 Part 11

Scope

The maternity leave entitlement provided by the Employment Relations Promulgation 2007 applies to all employers and female workers in workplaces in Fiji, including the Government, other Government entities, local authorities, statutory authorities and the Sugar Industry, but does not apply to the following: members of the Republic of Fiji Military Forces, Fiji Police Force and Fiji Prisons and Correction Services.
Employment Relations Promulgation 2007 §3

Qualifying conditions

The only qualifying condition on the right to maternity leave is the requirement to provide the employer with a certificate from a registered medical practitioner or registered nurse specifying the possible date of birth.
Employment Relations Promulgation 2007 §101(1)
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Duration

The maternity leave entitlement is to a period of 84 consecutive days.
Employment Relations Promulgation 2007 §101

Compulsory leave

No compulsory leave requirements identified. The Employment Relations Promulgation expressly states that a woman’s maternity leave entitlement may be taken at any time before or after confinement. However, where the woman chooses to work during the pre-confinement period, she must produce a medical certificate certifying that she is fit to work during that period.
Employment Relations Promulgation 2007 §101(3)

General total duration

The maternity leave entitlement is to a period of 84 consecutive days.
Employment Relations Promulgation 2007 §101(1)
Historical data (year indicates year of data collection)
  • 2004: Eighty-four days
  • 1998: Eighty-four days
  • 1994: Eighty-four days

Extension

There is no express provision for an extension of the maternity leave period.
Employment Relations Promulgation 2007 §101
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Leave in case of illness or complications

There is no specific entitlement to leave in the case of illness or complications related to pregnancy or birth. However, a woman may have an entitlement to up to 10 days’ paid sick leave.

To be entitled to sick leave, the worker must:
(a) have completed more than 3 months continuous service with the same employer;
(b) be incapable of work;
(c) as soon as reasonably practicable notify the employer of her absence and the reason for it; and
(d) produce, if requested by the employer, a written certificate signed by a registered medical practitioner, certifying the worker’s incapacity for work.
Employment Relations Promulgation 2007 §68

RELATED TYPES OF LEAVE

No statutory entitlement to related types of leave identified.

Parental leave

No statutory entitlement to parental leave identified.

Paternity leave

No statutory entitlement to paternity leave identified.

RIGHT TO PART-TIME WORK

No statutory entitlement to part-time work identified.

CASH BENEFITS

Cash benefits arise in relation to maternity leave taken under the Employment Relations Promulgation, subject to certain conditions.
Employment Relations Promulgation 2007 Part 11

Maternity leave benefits

Maternity leave benefits are provided by the Employment Relations Promulgation.
Employment Relations Promulgation 2007 Part 11

Scope

The scope of the maternity leave pay entitlement mirrors the scope of the maternity leave entitlement. That is, all employers and women in workplaces in Fiji, including the Government, other Government entities, local authorities, statutory authorities and the Sugar Industry, but does not apply to members of the Republic of Fiji Military Forces, Fiji Police Force and Fiji Prisons and Correction Services.
Employment Relations Promulgation 2007 §3

Qualifying conditions

The woman must have been employed for a period of (or periods amounting in aggregate to) not less than 150 days during the 9 months before the birth of her child in order to be entitled to paid maternity leave under the Employment Relations Promulgation.

The woman will be entitled to full remuneration for the period of maternity leave for the first 3 births. For her fourth and subsequent births, she will be entitled to only half her normal remuneration for the period of maternity leave.
Employment Relations Promulgation 2007 §101(2) and (4)
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Duration

The entitlement to maternity leave pay is 84 days. A woman will not be entitled to wages in respect of any days taken in excess of 84 days.
Employment Relations Promulgation 2007 §101(1), (2), (6)

Amount

The woman will be entitled to the normal remuneration she would have received as if she had been at work for the first 3 births. For her fourth and subsequent births, she will be entitled to only half the normal remuneration she would have received as if she had been at work .
Employment Relations Promulgation 2007 §101(2)
Historical data (year indicates year of data collection)
  • 2009: A flat rate of 1.50 Fiji dollars a day for the normal duration of maternity leave (42 days before and 42 days after confinement).
  • 2004: Flat rate
  • 1998: Flat rate
  • 1994: Flat rate

Financing of benefits

The employer is liable for the maternity leave payments.
Employment Relations Promulgation 2007 §101
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Historical data (year indicates year of data collection)
  • 2009: The employer
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

No alternative provisions identified.

Parental leave benefits

No statutory entitlement to parental leave benefits identified.

Paternity leave benefits

No statutory entitlement to paternity leave benefits identified.

Adoption leave benefits

No statutory entitlement to adoption leave benefits identified.

MEDICAL BENEFITS

No entitlements to pre- or post-natal medical benefits identified.

Pre-natal, childbirth and post-natal care

No entitlements to pre- or post-natal medical benefits identified under either the Employment Relations Promulgation or national social security laws.
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HEALTH PROTECTION

There are no health protection measures specific to pregnant or breastfeeding workers. However, general health and safety obligations apply.
Health and Safety at Work Act 1996
Health and Safety at Work (General Workplace Conditions) Regulations 2003

Arrangement of working time

No provisions specific to the arrangement of working time for pregnant or breastfeeding workers identified. However, there is a general obligation on employers to ensure the health and safety of all workers.
Employment Relations Promulgation 2007
Health and Safety at Work Act 1996
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Dangerous or unhealthy work

No provisions specific to dangerous or unhealthy work by pregnant or breastfeeding workers identified. However, there is a general obligation on employers to ensure the health and safety of all workers.
Health and Safety at Work Act 1996 §9

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

The Employment Relations Promulgation provides for the right to non-discrimination and employment security for pregnant women and new mothers.
Employment Relations Promulgation 2007

Anti-discrimination measures

The Employment Relations Promulgation prohibits direct or indirect discrimination on a grounds relating to personal characteristics, including gender, birth, age, marital status, employment status and family status. The right to equal treatment extends to the following employment related matters:
(a) selection for employment;
(b) the terms of employment, conditions of work, or other fringe benefits, and opportunities for training, promotion, and transfer;
(c) termination of employment; and
(d) retirement.
Employment Relations Promulgation 2007 §§75, 77

Prohibition of pregnancy testing

No relevant provision identified.

Protection from discriminatory dismissal

No woman must be terminated from employment on the ground of pregnancy.
Employment Relations Promulgation 2007 §104(1)
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Burden of proof

Where a termination occurs while a woman is pregnant, the burden of disproving that the termination was related to that condition rests with the employer.
Employment Relations Promulgation 2007 §104(2)

Guaranteed right to return to work

A woman who returns to her employment after maternity leave:
(a) must be appointed to the same or equivalent position held prior to proceedings on maternity leave, without any loss of salary, wages, benefits and seniority; or
(b) may be appointed to a higher position.
Employment Relations Promulgation 2007 §101(7)

Results generated on: 22nd July 2014 at 11:19:35.
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