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Ghana - Maternity protection - 2011


LAST UPDATE

10 October 2011.

SOURCES


Name of Act

Labour Act No. 651, dated 8 October 2003, (Official Gazette 2003 10-10 pp.1-69)

MATERNITY LEAVE


Scope

This Act applies to all workers and to all employers except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies specified under the Security and Interlligence Agencies Act 1996 (Act 526).

A woman worker, on production of a medical certificate issued by a medical practitioner or a midwife indication the expected date of her confinement, is entitled to a period of maternity leave of at least 12 weeks in addition to any period of annual leave she is entitled after her period of confinement.

"worker" means a person employed under a contract of employment wheter on a continuous, part-time, temporary or casual basis.
Labour Act §1, 57(1), 175

Qualifying conditions

Women workers who intend to take maternity leave shall notify their employer with a medical certificate issued of a medical practitioner or a midwife indicating the expected date of confinement.
Labour Act §57(1)

Duration


General total duration

A woman worker, on production of a medical certificate issued by a medical practitioner or a midwife indication the expected date of her confinement, is entitled to period of maternity leave of at least twelve weeks in addition to any period of annual leave she is entitled after her period of confinement.
Labour Act §57(1)
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

The period of maternity leave may be extended for at least 2 additional weeks where the confinement is abnormal or where in the course of the same confinement 2 or more babies are born.
Where an illness, medically certified by a medical practitioner, is due to her pregnancy, the woman is entitled to additional leave as certified by the medical practitioner.
Where an illness, medically certified by a medical practitioner, is due to her confinement, the woman is entitled to an extension of the leave after confinement as certified by medical practitioner.
Labour Act §57(3)(4)(5)
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Leave in case of illness or complications

Where an illness, medically certified by a medical practitioner, is due to her pregnancy, the woman is entitled to additional leave as certified by the medical practitioner.
Where an illness, medically certified by a medical practitioner, is due to her confinement, the woman is entitled to an extension of the leave after confinement as certified by medical practitioner.
Labour Act §57(4)(5)
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CASH BENEFITS


Maternity leave benefits


Scope

This Act applies to all workers and to all employers except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies specified under the Security and Interlligence Agencies Act 1996 (Act 526).

A woman worker, on production of a medical certificate issued by a medical practitioner or a midwife indication the expected date of her confinement, is entitled to a period of maternity leave of at least 12 weeks in addition to any period of annual leave she is entitled after her period of confinement.

"worker" means a person employed under a contract of employment wheter on a continuous, part-time, temporary or casual basis.
Labour Act §1, 57(1), 175

Amount

A woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled.
Labour Act §57(2)
Historical data (year indicates year of data collection)
  • 2009: A woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled.
  • 2004: One hundred percent
  • 1998: Fifty percent
  • 1994: Fifty percent

Financing of benefits

Employers.

A woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled.
Labour Act §57(2)
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Historical data (year indicates year of data collection)
  • 2009: Employers
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A nursing mother (who is breastfeeding her child for a period of not more than one year), is entitled to interrupt her work for an hour during her working hours to nurse her baby.

"Nursing mother" means a woman with a child suckling at her breast for a period of not more than one year.
Labour Act §57(6), 57(9)

Remuneration of nursing breaks

Interruptions of work by a nursing mother for the purpose of nursing her baby shall be treated as working hours and paid for accordingly.
Labour Act §57(7)

HEALTH PROTECTION


Arrangement of working time


Night work

Unless with her consent, an employer shall not assign or employ a pregnant woman worker to do any night work between the hours of 10 p.m and 7 a.m.
Night work, in relation to women, means work at any time within the period of 11 consecutive hours that includes the 7 consecutive hours occurring between 10 p.m and 7 a.m, but in industrial undertakings which are influenced by the seasons, the work may be reduced to 10 hours in 60 days of the year.
Labour Act §55(1)a), 57(9)a)

Overtime

Unless with her consent, an employer shall not engage for overtime a pregnant woman worker or a mother of a child of less than 8 months old.
Labour Act §55(1)b)

Other work arrangements

An employer shall not assign, whether permanently or temporarily, a pregnant woman worker to a post outside her place of residence after the completion of the fourth month of pregnancy, if the assgnment, in the opinion of a medical practitioner or midfwife, is detrimental to her health.
The pregnant woman worker may present a written complaint to the Commission against the employer who contravenes subsection (1).
The Commission shall investigate the complaint and its decision on the matter shall, subject to any other law, be final.
Labour Act §56

Dangerous or unhealthy work

There is a general obligation for employers to ensure that every worker employed by them works under satisfactory, safe and healthy conditions.
Labour Act §118(1)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Protection from discriminatory dismissal

An employer shall not dimiss a woman worker because of her absence from work on maternity leave.

The employment of a worker shall not be unfairly terminated by the worker’s employer. A worker`s employment is terminated unfairly if the only reason for the termination is due to the pregnancy of the worker or her absence from work during maternity leave.

If upon investigation of a complaint by the National Labour Commission it is found that the termination of employment is unfair, the Commission may: a) Order the employer to re-instate the worker, b) order the employer to re-employ the worker; or c) order the employer to pay compensation to the worker.
Labour Act §57(8), 63(e), 64(2)

Results generated on: 26th October 2014 at 10:31:22.
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