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Lebanon - Maternity protection - 2011


LAST UPDATE

19 May 2011

SOURCES


Name of Act

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Name of Act

Social Security Act, dated 26 September 1963 (Al-jarida al-rasmiya, 1963), as amended. Publication of 2003
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Name of Act

Decree No.11802 Regulating Occupational Prevention, Safety and Health in all enterprises subject to the Code of Labour.

Name of Act

Decree No. 7352 of February 1st. 2002, to implement the section of the optional insurance as provided in the branch of health insurance and maternity. (Décret No.7352 du 1er février 2002 tendant à mettre en vigueur la section de l’ assurance facultative, prévue dans la branche de l´assurance maladie et maternité. )

MATERNITY LEAVE


Scope

Maternity leave under the Labour Code applies to all female salaried employees and wage-earners in commercial, industrial, educational establishments and charity foundations. However the following categories are excluded;
1.- Domestic servants employed in private houses;
2.-Agricultural corporations which have no connection with trade or industry and which shall be the object of a special law;
3.-Family concerns employing solely members of the family under the management either of the father, the mother or the guardian;
4.-Municipal or government services in what concerns the employees and casual wage-earners and journeymen, who are not governed by the civil servants regulations. These agents shall be the object of a special law.
Labour Code Art.7,8

Qualifying conditions

Women in all categories indicated in the Labour Code are entitled to maternity leave on production of a medical certificate stating the presumed date of childbirth.
Labour Code Art.28

Duration


General total duration

Under the Labour Code the total duration is 7 weeks including the prenatal period and the period following the childbirth.
Labour Code Art.28
Historical data (year indicates year of data collection)
  • 2009: 7 weeks including the prenatal period and the period following the childbirth.
  • 2004: Seven weeks
  • 1998: Forty days
  • 1994: Forty days

Leave in case of illness or complications

The Social Security Act provides a suplementary benefits to those workers who are temporary unavailable to perform work as a result of a sickness related to the childbirth and medical cares will be granted up to 26 weeks.
Art.13(2)(c), 15(1)(c),19

CASH BENEFITS


Maternity leave benefits


Scope

Under the Labour Code, every female employee is entitled to maternity leave except;
1.- Domestic servants employed in private houses;
2.-Agricultural corporations which have no connection with trade or industry and which shall be the object of a special law;
3.-Family concerns employing solely members of the family under the management either of the father, the mother or the guardian;
4.-Municipal or government services in what concerns the employees and casual wage-earners and journeymen, who are not governed by the civil servants regulations. These agents shall be the object of a special law.

Under the Social Security Act , maternit benefits are granted to assured workers except to national workers engaged in Lebanon by an institution having its headquarters or a branch in Lebanon and working abroad if they are subject and enjoy of such benefits or equivalent in the countries where they work. Neither those foreign workers who work in Lebanon but they enjoy similar benefits in their home countries.
Labour Code Art.7,8
Social Security Act Art.9 (Recitals 2nd and 4th)

Duration

Women working in all categories mentioned in the Labour Code are entitled to a delivery holiday of 7 weeks.

Every assured worker is entitled to enjoy maternity benefits with a duration of 10 weeks including the delivery, as long as the worker do not perform any type of work during this time.
Labour Code Art.28
Social Security Act Art.26

Amount

Under the Labour Code the amount is 100% of normal wage.

The amount of maternity benefits provided within the Social Security Act shall be two thirds of the average daily earnings.
Labour Code Art.29
Social Security Act Art.26(2)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent of normal wage.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer.
(Cash benefits are also provided by the Social Security Act. The Social Security Act provides that cash benefits will be paid by the National Social Security Fund. It is unclear how these benefit entitlements interact.)
Labour Code Art.29
Social Security Act Art.26
Historical data (year indicates year of data collection)
  • 2009: The employer. (Cash benefits are also provided by the Social Security Act. The Social Security Act provides that cash benefits will be paid by the National Social Security Fund. It is unclear how these benefit entitlements interact.)
  • 2004: Social security & employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

The woman who has availed herself of the 7 week delivery holiday, with full pay, has the right to recive the wage or salary for the period of her ordinary annual leave, which she may obtain during the same year.
Labour Code Art.29

HEALTH PROTECTION


Dangerous or unhealthy work


Particular risks


» Work involving exposure to biological, chemical or physical agents

Women who are medically proven to be pregnant and breatfeeding mothers shall not be employed in a work that involves exposure to benzene or products containing benzene.
Decree No.11802 Art.55

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The employer may not discriminate between working men and women with regard to: type of work, amount of wage or salary, employment, promotion, proffesional qualification, and apparel.
Labour Code Art.26

Protection from discriminatory dismissal

Under the Labour Code it is prohibited to terminate the employment of a pregnant woman or send her notice during her maternity period or when she is on leave on grounds of childbirth or sick leave. However, dismissal with notice is permitted during these periods if the woman works elsewhere.
Labour Code Art.29, art. 52(1)(2)

Results generated on: 21st April 2014 at 09:08:49.
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