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Honduras - Maternity protection - 2011


LAST UPDATE

23 August 2011

SOURCES


Name of Act

Decree No. 189 promulgating the Labour Code, (Código del trabajo, La Gaceta No. 16,827-16,834, 15-18 and 20-23 July 1959) of 1 June 1959, as amended up, to Decree No. 32-2003, (La Gaceta No. 30,063, 16 April 2003) of 31 March 2003
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Name of Act

Decree No. 169 promulgating the Social Security Act, of 15 October 1957, (La Gaceta No. 16,356, 12 December 1957, p. 1) as amended up to Decree n° 80-2001.

Name of Act

General Regulation of the Social Security Act, (Acuerdo No.003-2005, Reglamento General de la Ley del Seguro Social, Gaceta Oficial, June 29, 2005) of 15 February 2005.

Name of Act

Women’s Equality of opportunities Act issued by Decree No. 34-2000, (Ley de Igualdad de de Oportunidades para la Mujer), of 28 April 2000.

Name of Act

Regulation of Application of the Social Security Act, (Reglamento de Aplicación de la Ley del IHSS-Decreto No.193-1971)

Name of Act

Regulation of the Women’s Equality of opportunities Act issued by the Executive Agreement Num. 058-2008 (Reglamento de la Ley de Igualdad de Oportunidades para la Mujer) of 25 November 2008.

Name of Act

Regulation for the Application of the Social Security Act, issued by Decree No.193-1971 (Reglamento de Aplicación de la Ley del Seguro Social).

Name of Act

Regulation for the Special Status of Domestic workers and progressive affiliation to the Social Security System, issued by Agreement No.006-JD-2008, of 24 June 2008.

Name of Act

Regulation for the extension of the certificate for the labour temporary incapacity, issued by Agreement No. 001-JD-2005 (Reglamento para la extensión del certificado de incapacidad temporal laboral) of 25 January 2005.

MATERNITY LEAVE


Scope

The provisions of maternity protection provided by the Labour Code apply to all the establishments as well as to all natural persons in Honduras, with the sole exceptions of; livestock farming establishments with less than 10 employees, civil servants and the persons or establishments expressly excluded.
Labour Code Art.2(1,2)

Qualifying conditions

The female worker shall present to the employer a medical certificate stating the pregnancy of the worker, the expected day of delivery, the indication of the day of commencing the leave, taking into account that at least shall start 4 weeks before the confinement.
Labour Code Art.135

Duration


Compulsory leave

Pregnant workers are compelled to take 10 weeks of paid maternity leave (four weeks before and six weeks after confinement).
Labour Code Art.135

General total duration

The general total duration of maternity leave is 10 weeks (four weeks before and six weeks after confinement).
Labour Code Art.135
Historical data (year indicates year of data collection)
  • 2009: 10 weeks (four weeks before and six weeks after confinement). The woman worker must present her employer with a medical certificate, which shall indicate: the fact that she is pregnant; the probable date of confinement; and the date of commencement of the leave.
  • 2004: Eighty-four days
  • 1998: Ten weeks
  • 1994: Ten weeks

Extension

In case that a pregnant worker continues to be incapacitated to perform work after three months from the delivery and arising from an illness due to the pregnancy or confinement, she shall be entitled to enjoy unpaid leave as long as necessary for her recovery.
Labour Code Art.138

Leave in case of illness or complications

A woman worker is entitled to take up to three months paid leave for illness resulting from pregnancy or birth. The worker has to present a medical certificate.
Labour Code Art.137, 138

RELATED TYPES OF LEAVE

Relevant provisions on related types of leave have not been identified.

RIGHT TO PART-TIME WORK

Relevant provisions on right to part-time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

The compulsory social security system applies to all women workers in the public and private sectors, including apprentices. It also applies to the wives of the insured workers and to de facto partners. It does not apply to home workers, domestic workers, occasional worker, workers undertaking agricultural activities. However these workers may benefit from the social security system on a voluntary basis.
General Regulation of the Social Security Act Art.10, 11, 74
Regulation for the Special Status of Domestic workers and progressive affiliation to the Social Security System Art.3

Qualifying conditions

In order to be entitled to maternity benefits, women workers must present the evidences of having paid contributions for at least the 10 months preceeding the start of maternity leave or 12 months in the 18 months preceeding the start of the maternity leave.

The worker is entitled to enjoy such leave subordinated to the respect of the effective rest period and not performing any kind of remunerative work.
General Regulation of the Social Security Act Art.59,69
Social Security Act Art.39b)

Duration

Maternity leave benefits shall be paid during the 42 days before and 42 after delivery.
General Regulation of the Social Security Act Art.68
Labour Code Art.135

Amount

Pregnant workers shall enjoy the 100% of the reference montly salary for a period of time of forty-two days before and forty-two days after confinement.

The prenatal benefit period is reduced if confinement takes place before the date given on the medical certificate, and if confinement takes place later than expected the benefit period will be extended accordingly. If the worker is unable to return to work after the benefit period has expired, she shall be entitled to sickness benefit instead.
General Regulation of the Social Security Act Art. 67, 68
Labour Code Art.135
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of salary forty-two days before and forty-two days after confinement. The prenatal benefit period is reduced if confinement takes place before the date given on the medical certificate, and if confinement takes place later than expected the benefit period will be extended accordingly. If the worker is unable to return to work after the benefit period has expired, she shall be entitled to sickness benefit instead.
  • 2004: One hundred percent
  • 1998: One hundred percent for eighty-four days
  • 1994: One hundred percent

Financing of benefits

The Honduran Social Security Institute shall cover two thirds of the benefit and the employer shall cover the remaining third. Where the Honduran Social Security Institute is not required to grant a maternity allowance, the entire sum shall be paid by the employer.
Labour Code Art.136
General Regulation of the Social Security Act Art.2
Labour Code Art.67
Historical data (year indicates year of data collection)
  • 2009: The Honduran Social Security Institute shall cover two thirds of the benefit and the employer shall cover the remaining third. Where the Honduran Social Security Institute is not required to grant a maternity allowance, the entire sum shall be paid by the employer.
  • 2004: Mixed (two-thirds social security, one-third employer)
  • 1998: Mixed (two-thirds social security, one-third employer)
  • 1994: Mixed (two-thirds social security, one-third employer)

Alternative provisions

In the case of miscarriage or premature non-viable birth the worker is entitled to receive from 2 to 4 weeks paid leave.
Labour Code Art.137
General Regulation of the Social Security Act Art.71

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

During her pregnancy and for up to 7 months before her confinement, a woman worker who has paid her contribution for a set period, is entitled to receive prenatal care. The woman worker is as well entitled to confinement and postnatal care for up to 45 days following confinement.
Labour Code Art.60, 61, 64
Social Security Act Art.39a)

Financing of benefits

Social security (employer if a woman is not covered by social insurance) - Employer makes up the difference between social security/mandatory individual account payments and wages.
Labour Code Art.136

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman worker is entitled to two paid breaks of thirty minutes each during the day to feed her child, to be taken one in the morning and one in the afternoon until the child is six months old.
Labour Code Art.140

Remuneration of nursing breaks

Nursing breaks won’t implicate a reduction in the worker’s salary.
Labour Code Art.140

Nursing facilities

Every employer employing more than 20 women workers shall provide suitable premises where mothers can safely feed their children (under 3 years old) and where they can leave them during working hours.

In addition, the IHSS may provide in cash and in kind allowances for the nursing period, if certified that the mother cannot breastfeed her child. These benefits are provided for the first 6 months of the newborn and consist on therapeutic milk and food.
Labour Code Art.142
Regulation of Application of the Social Security Act Art.67
Social Security Act Art.39c)

HEALTH PROTECTION


Arrangement of working time


Night work

It is unlawful to employ an expectant woman on night work for longer than five hours.
Labour Code Art.147

Dangerous or unhealthy work


Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

It is unlawful to employ an expectant woman on work requiring considerable exertion.
Labour Code Art.147

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Republic of Honduras will take the necessary measures to reach an equitable sex distribution of the elective representatives, in order to speed up the equity between men and women in all the aspects of the political sphere. To this respect, any act of discrimination based on sex is null and void.

In this sense, the legislation states that women will enjoy the benefits of the social security, labour and health conditions to the same extent as men.

Specifically, women will be entitled to enjoy special prenatal and postnatal services and during the nursing period, as well as special remunerative leaves in the event of pregnancy, confinement, nursing and in the event of illness of their children, without suffering any kind of discrimination.
Women’s Equality of opportunities Act Art.81,86
Regulation of the Women’s Equality of opportunities Act Art.20

Protection from discriminatory dismissal

No woman worker may be dismissed because she is expecting or nursing a child. There shall be a presumption that a woman worker has been dismissed on the ground that she is expecting or nursing a child if the dismissal takes place during her pregnancy or the three months following her confinement without prior authorization. A woman worker who is dismissed without authorization shall be entitled to the payment of compensation equal to 60 days pay, in addition to any compensation and benefits due under the contract of employment.
Labour Code Art.144
Women’s Equality of opportunities Act Art.55

Burden of proof

There shall be a presumption that a woman worker has been dismissed on the ground that she is expecting or nursing a child if the dismissal takes place during her pregnancy or the three months following her confinement without prior authorization. A woman worker who is dismissed without authorization shall be entitled to the payment of compensation equal to 60 days pay, in addition to any compensation and benefits due under the contract of employment. In order to dismiss a woman worker during pregnancy or the three months following confinement, the employer requires authorization from the labour inspector, and can only obtain authorization on one of the grounds entitling an employer to terminate a contract of employment, as indicated in the Labour Code. The fact that the output of a woman worker has decreased by reason of her pregnancy shall not be a valid ground for her dismissal.
Labour Code Art.112, 144, 145

Guaranteed right to return to work

No expressly references in the legislation to the guaranteed right to return to work. However, the legislation states the right to equal treatment between men and women, and the entitlement of all women to enjoy special remunerative leaves in the event of pregnancy, confinement, nursing and in the event of illness of their children, without suffering any kind of discrimination. Therefore the right to return to work is implicit in the principle of non discrimination.
Regulation of the Women’s Equality of opportunities Act Art.20

Results generated on: 23rd October 2014 at 22:34:12.
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