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Haiti - Maternity protection - 2011


3 May 2011


Name of Act

Labour Code, 12 September 1961, as amended by the Decree of 24 February 1984, Le Moniteur, 1984-03-05, No. 18-A, 36 p. and by the Law of 5 June 2003 (Loi relative à lìnterdiction et à l`elimination de toutes formes d`abus, de violences, de mauvais traitements ou traitements inhumains contre les enfants; Le Moniteur No. 41 du jeudi 5 juin 2003)
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Name of Act

Name of Act

Decree revising the status of the Public Service.



Every pregnant woman is entitled, on production of a medical certificate stating the presumed date of childbirth, to maternity leave during which will be paid as if she would continue working.

All workers are equal before the law and enjoy equal protection and the same guarantees.
Labour Code Article 320, art.3

Qualifying conditions

To qualify for maternity leave, every pregnant women should submit to her employer a medical certificate indicating:
a) the certificate of her pregnancy;
b) the probable date of delivery;
c) the starting date of the leave which shall be at least 4 weeks before the expected date of confinement.
Labour Code Article 324


Compulsory leave

The legislation states that 6 weeks of such leave shall be taken before confinement and 6 weeks after as long as the circumstances of the pregnancy permit it.
Labour Code Art.321, art.322

General total duration

The general total duration of the maternity leave is 12 weeks.
Labour Code Art.321
Historical data (year indicates year of data collection)
  • 2009: 12 weeks.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks


When the birth occurs after the expected date, the leave already taken will be extended until the effective date of birth, assuring that the worker will enjoy six weeks after confinement and therefore the total duration of the leave shall not be reduced.

In case of abortion or premature birth of a child the worker is entitled to an extension of paid leave of 2 to 4 weeks on the basis of the pay she was receiving at the date of commencement of such leave.
Labour Code Art.323, art.327

Leave in case of illness or complications

The legislation observes the possibility of taken a sickness or illness leave in case of temporary incapacity of work due to complications arising from the pregnancy, and so the worker shall remain in her post.
Labour Code Art. 326


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


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


Maternity leave benefits


Maternity benefit shall be granted to a female worker who is an insured person at the OFATMA.

No exclusions are made as for categories of workers.
Labour Code Art.321

Qualifying conditions

In addition to be an insured person in the OFATMA, provide the employer with a medical certificate for such leave.
Labour Code Article 321, art.324


12 weeks. The duration of the maternity benefits has the same duration to such leave.
Labour Code Art.321


100%. The amount of maternity leave benefits correspond to the amount that the worker would earn if she continued working.
Labour Code Article 320
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent for six weeks
  • 1998: One hundred percent for six weeks
  • 1994: One hundred percent for six weeks

Financing of benefits

Maternity leave benefits shall be paid by the Office of Workers’ Compensation Insurance, Maternity and Sickness (OFATMA) as long as the worker is an insured person.
Labour Code Article 321
Historical data (year indicates year of data collection)
  • 2009: Maternity benefits are paid by the employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer


Relevant provisions on medical benefits have not been identified.


Right to nursing breaks or daily reduction of hours of work

The legislation states that every pregnant worker is entitled to 2 break periods of at least 30 minutes each in addition to normal lunch breaks and during the pregnancy. It is unclear if this period continues after confinement for nursing purposes.
Labour Code Article 329

Transfer to another post

If, as a result of pregnancy or childbirth the work performed by a female employee is dangerous or unhealthy and whether this fact is attested by a medical certificate, the employer must give the possibility to the worker of changing post within the same company.

Should this change impossible or impracticable, the woman is entitled to a leave without pay not exceeding 90 days, without prejudice to provisions relating to maternity leave.
Labour Code Article 328


Relevant provisions on health protection have not been identified.


Anti-discrimination measures

Women have the same rights and same obligations as men in the rule of Labour Law.
Labour Code Article 316

Protection from discriminatory dismissal

It is abusive the interruption of any labour contract for reasons, among others, based in sex. Although no expressly mentioned, pregnancy reasons are implicitly included.
Labour Code Art.50

Guaranteed right to return to work

The employer shall keep the post of the female worker during her maternity leave or sick leave which it might benefited due to disability or illness arising from the state pregnancy.
Labour Code Art.326

Results generated on: 22nd April 2018 at 06:43:09.
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