ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Latvia - Maternity protection - 2009


LAST UPDATE

8 June 2009

SOURCES


Name of Act

Labour Law, of 20 June 2001, Zinotajs. 2001-08-09. No. 15, p. 142-212 as amended to 21 September 2006.

Name of Act

Regulation No 125, Requirements for Labour Protection in Workplaces, Adopted 19 March 2002 (Zinotajs, 2002-05-23, No. 10, pp. 123-129)

Name of Act

Law on Maternity and Sickness Insurance, dated 6 November 1995, as amended to 2 December 2004

Name of Act

Regulation No. 379,
Procedures for the Performance of Internal Supervision of the Working Environment. Adopted 23 Augusti 2001

Name of Act

Cabinet Regulation No. 66, Labour Protection Requirements for Protection of Employees from the Risk Caused by the Noise of the Work Environment. Adopted 4 February 2003 (Zinotajs, 2003-05-22, No. 10, pp. 69-75

Name of Act

Cabinet Regulation No. 248, Labour Protection Requirements for the Protection of Workers from the Risk Arising from Vibration in the Working Environment. Adopted 13 April 2004.

Name of Act

Law on State Social Allowances, as amended up to 2 March 2006

Other source used

Web site of the State Social Insurance Agency (VSAA). Child Care benefit. Consulted 9 June 2009.

MATERNITY LEAVE


Scope

Covers all employees working under an employment contract.
Labour Law §2

Duration


Compulsory leave

Two weeks prior to to the expected birth and two weeks after childbirth, as certified by a doctor’s opinion.
Labour Law §37(7)

General total duration

112 days (up to 56 days prior to the expected birth)
Labour Law §154(1)
Historical data (year indicates year of data collection)
  • 2011: 112 days (up to 56 days prior to the expected birth)
  • 2004: One hundred and twelve calendar days
  • 1998: n.a.
  • 1994: n.a.

Extension

In case two or more children are born, as well as in case the women has initiated pregnancy-related medical care at a preventive medical institution by the 12th week of pregnancy and has continued for the whole period of pregnancy shall be granted a supplementary leave of 14 days, adding it to the prenatal leave (70 calendar days in total).
Labour Law §154(2)(3)

Leave in case of illness or complications

In case of complications in pregnancy, childbirth or in the postnatal period, a woman shall be granted a supplementary leave of 14 days, adding it to the maternity leave and calculating 70 calendar days in total.
Labour Law §154(3)

RELATED TYPES OF LEAVE


Parental leave


Scope

Every employee has the right to parental leave in connection with the birth or adoption of a child.
Labour Law §156

Qualifying conditions

The employee has a duty to notify the employer in writing one month in advance of the beginning and the length of the parental leave or parts thereof.
Labour Law §156

Length

Such leave shall be granted for a period not exceeding one and a half years up to the day the child reaches the age of eight years (in a single period or in parts).
Labour Law §156

Paternity leave


Scope

The father of a child.
Labour Law §155(1)-(3)

Length

10 calendar days, immediately after the birth of the child, but not later than within a two-month period from the birth of the child. The father may be granted additional leave in specific circumstances.
Labour Law §155(1)
click on this symbol to show or hide remarks

Adoption leave


Scope

Every employee has the right to leave in connection with an adoption of a child.
Labour Law §155 and 156(1)

Qualifying conditions

The employee has a duty to notify the employer in writing one month in advance of the beginning and the length of the adoption leave or parts thereof.
Labour Law §156

Length

For a family, which has adopted a child up to three years of age, one of the adopters shall be granted 10 calender days of leave.

Leave shall be granted for a period not exceeding one and a half years up to the day the child reaches the age of eight years (in one single period or in partial periods).
Labour Law §155, 156

RIGHT TO PART-TIME WORK


Length

Child care benefit at the amount of the parental leave benefits (see below) is also paid to a person employed less than 20 hours per week up to the child`s second birthday.
Web site of the STate Social Insurance Agency

CASH BENEFITS


Maternity leave benefits


Scope

Maternity benefit shall be granted and paid to a woman who is covered by the Maternity and Sickness Benefit Act, provided that the woman is not working and hence losing the work remuneration or if the self-employed woman loses income.
Law on Maternity and Sickness Insurance §5(1)

Qualifying conditions

Basis for granting the maternity benefit is a sick-leave certificate (issued in accordance with the procedure set by the Cabinet of Ministers), an approval of the employer about the employee’s absence from work or an approval of the self-employed person about the inability to work during the work incapacity period.
Law on Maternity and Sickness Insurance §9

Duration

Maternity benefit shall be provided to a woman for the entire period of pregnancy leave and childbirth leave (total 112 days) and any extension thereof (additional 14 days)
Law on Maternity and Sickness Insurance §5 and 10

Amount

100% of average insurance contribution wage (incomes from which state social insurance contributions are made).
Law on Maternity and Sickness Insurance §1(2), 10 and 31(1)
Historical data (year indicates year of data collection)
  • 2011: 100% of average insurance contribution wage (incomes from which state social insurance contributions are made).
  • 2004: One hundred percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

State Social Insurance (from the disability, maternity and sickness special budget).
Law on Maternity and Sickness Insurance §3
Law on State Social Allowances §7(1), 11(1), 14(1) and 18(1)
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2011: State Social Insurance (from the disability, maternity and sickness special budget).
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Alternative provisions

Maternity benefit shall be provided to the father of the child or to another person who is actually taking care of the child at home, for the entire period of childcare, which however shall not be longer than to the 70th day of life of the child, under the following conditions: 1) If the mother of the child has died during delivery or until the forty-second day of post-natal period; 2) If the mother, in compliance with the procedures stipulated by normative acts, has refused from taking care and raising of a child. If the mother is not able to take care of the child until the forty-second day after childbirth due to her illness, injury or other reason related to her health condition, the father of the child or other person that is actually taking care for the child at home shall be granted maternity benefit for those days when the mother herself is unable to take care of the child.
Law on Maternity and Sickness Insurance §6

Parental leave benefits


Scope

Child care benefit is granted to one of the child’s parents or guardians, who insured, is not considered self-employed and has been granted child care leave or is employed less than 20 hours per week.
Web site of the STate Social Insurance Agency
Law on State Social Allowances §7

Qualifying conditions

When applying for the child care benefit the person must submit: -application for the benefit; -child’s certificate of birth (with a personal ID number); -a note from the employer for granting of the child-care leave or part-time employment (number of hours per week). Benefit is not granted, if during the same period maternity benefit is granted to one of the parents.
Web site of the STate Social Insurance Agency

Duration

Up to the child`s second birthday.
Web site of the STate Social Insurance Agency

Amount

Child care benefit for the child under one year of age is: 70% from the person’s average insurance contribution wage (incomes from which state social insurance contributions are made), but not less than 70 % of double the state social security benefit (in 2009 63 lats per month) up to a ceiling. If the child care benefit is allocated for twins or more children born from the same act of delivery, there is a supplement to the benefit granted. When caring for a child between 1 and 2 years of age, a child care benefit of 30 lats per months is assigned.
Web site of the STate Social Insurance Agency

Financing of benefits

Social Insurance
Web site of the STate Social Insurance Agency

Paternity leave benefits


Scope

The paternity benefit is to be granted to a father who is on paternity leave and who is socially insured.
Law on Maternity and Sickness Insurance §10(1)

Qualifying conditions

The basis for granting the paternity benefit is an application of the benefit requester, the child’s birth certificate with the entry about the child’s father and an approval of the employer about the father’s leave due to the child’s birth.
Law on Maternity and Sickness Insurance §10(2)

Duration

10 days.
Law on Maternity and Sickness Insurance §10(1)

Amount

80 % of the average insurance contribution wage (incomes from which state social insurance contributions are made).
Law on Maternity and Sickness Insurance §1, 10(3) and 31(1)

Financing of benefits

State Social Insurance (from the disability, maternity and sickness special budget).
Law on Maternity and Sickness Insurance §3
Law on State Social Allowances §7(1), 11(1), 14(1) and 18(1)
click on this symbol to show or hide remarks

Adoption leave benefits


Scope

Maternity benefit is paid to one of the adoptive parents if the family has adopted a child below the age of two months. Child care benefit is granted to one of the child’s parents or guardians, who insured, is not considered self-employed and has been granted child care leave or is employed less than 20 hours per week (see for conditions, duration and amount "parental leave" section).
Law on Maternity and Sickness Insurance §7
Web site of the STate Social Insurance Agency

Duration

Adoption leave benefits: 66 days (56 days "maternity benefit", 10 days additional leave benefit); Child care benefit: until the child reaches two years of age
Law on Maternity and Sickness Insurance §7, 10

Amount

Adoption leave benefits: 100% for 56 days and 80 % for 10 days of the average insurance contribution wage (incomes from which state social insurance contributions are made). Child care benefit for the child under one year of age is: 70% from the person’s average insurance contribution wage (incomes from which state social insurance contributions are made), but not less than 70 % of double the state social security benefit (in 2009 63 lats per month) up to a ceiling. When caring for a child between 1 and 2 years of age, a child care benefit of 30 lats per months is assigned.
Law on Maternity and Sickness Insurance §7, 10, 10(1)(3)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

An employee who has a child under one and a half years of age shall be granted additional breaks of not less than 30 minutes (1 hour in case of more than one child under the age of 1,5 years) not less than every three hours. The employee shall in good time inform the employer of the necessity for such breaks. The length of breaks shall be determined by the employer after consultation with employee representatives, taking into account the wishes of the relevant employees as far as possible. Breaks for feeding a child may, if such is requested by the employee, transferred to the end of the working time thus shortening the length of the working day accordingly.
Labour Law §146(1)(3)

Remuneration of nursing breaks

Breaks for feeding a child shall be included as working time, preserving work remuneration for such time.
Labour Law §146(4)

Nursing facilities

If pregnant women or women in the period following childbirth (up to one year) are employed, they shall be provided with a possibility to lie down and rest in suitable conditions in conformity with the hygiene requirements. For women who are breastfeeding the conditions referred to shall be ensured during the whole period of breastfeeding.
Regulation No. 125 §24

HEALTH PROTECTION


Arrangement of working time


Night work

It is prohibited to employ pregnant women, women for a period of up to one year after childbirth and breasefeeding women at night (from 22 to 6 o’clock) if a medical certificate states that the performance of the relevant work causes a threat to the safety and health of the woman or her child. An employee who has a child under three years of age may be employed at night only with his or her consent.
Labour Law §138(1),(6) and (7)

Overtime

A pregnant women, a woman up to one year after childbirth, and a woman who is breastfeeding may be employed in overtime work if she has given her written consent.
Labour Law §136(7)

Time off for medical examinations

Employers shall ensure an opportunity for a pregnant woman to leave the workplace in order to undergo health examination in the prenatal period if it is not possible to undergo such examination outside of working time.
Labour Law §147(1)

Other work arrangements

If a piece-work salary has been specified for a pregnant woman, for a woman up to one year after childbirth or during the whole perido of breastfeeding and in accordance with a doctor’s opinion her work norms have been reduced, the employer has a duty to pay the employee the previous average earnings for such period. An employer shall provide part-time work if requested by a pregnant woman, a woman for a period of up to one year after childbirth and the whole period of breastfeeding and additionally for the whole period of breastfeeding, as well as by an employee who has a child under 14 years of age or a disabled child under 18 years of age.
Labour Law §53(2), 62.3, 134(2) and 149(3)(4)

Dangerous or unhealthy work


General

An employer, after receipt of a doctor’s opinion, is prohibited from employing pregnant women and women for a period of up to one year after childbirth, if it is considered that performance of the relevant work poses a threat to the safety and health of the woman or her child.
Labour Law §37(7)

Risk assessment


» Assessment of workplace risks

The employer shall, in addition to the usual evaluation of the working environment risk, ensure the evaluation of the working environment risk for the work performed by pregnant and women up to one year after childbirth and during the whole period of breastfeeding..
Regulation No. 379 §25

» Adaptation of conditions of work

In order to prevent any risk which may negatively affect the safety and health of a pregnant woman, an employer, after receipt of a doctor’s opinion, has a duty to ensure such working conditions and working time for the pregnant woman, every woman up to one year after childbirth and during the whole period of breastfeeding as would prevent her exposure to the risk referred to.
Labour Law §99(1),(3)

» Transfer to another post

If it is not possible to ensure working conditions or working time that prevent exposure to risk for a pregnant woman, or if the employer, on the basis of a working risk evaluation, determines that the work to be performed may pose a threat to the safety or health of pregnant women, breastfeeding women or their children, but it is not possible for him or her to take the necessary work safety measures in order to ensure their safety and health, the employer has a duty to temporarily transfer the pregnant woman to a different, more appropriate job. The amount of work remuneration after these changes may not be less than the previous average earnings of the woman. These provisions shall also apply to a woman following the period after birth up to one year, and during the whole period of breastfeeding.
Labour Law §99(1)(3)
Regulation No. 379 §27

» Paid/unpaid leave

If such transfer to another job is not possible, the employer has a duty to grant the pregnant woman leave. During the period of such granted leave the previous average earnings of the pregnant woman shall be maintained. These provisions shall also apply to a woman following the period after birth up to one year, and during the whole period of breastfeeding.
Labour Law §99(2)(3)

Particular risks


» Work involving exposure to biological, chemical or physical agents

Working environmental risk factors, the exposure to which of pregnant women is prohibited are: physical factors such as work in hyperbaric athmospheres (for example, in containers, under the influence of water, under water; biological factors unless pregnant women are protected against such factors by using immunisation (toxoplasma, rubella virus); chemical factors such as lead and its compounds in so far as the human body is capable of absorbing them. Working environmental risk factors, the exposure to which of breastfeeding women is prohibited, are chemical factors lead and its compounds in so far as the human body is capable of absorbing them. Specific limit of ionizing radiation apply.
Cabinet Regulation No. 66 §20 and 32
Cabinet Regulation No. 248 §19, 27
click on this symbol to show or hide remarks

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

In assessing the risk caused by noise and vibration, and in taking labour protection measures for the prevention and reduction of the risk caused by noise and vibration, the employer shall take into account impact of noise and vibration on the safety and health inter alia of pregnant women and women in the period following childbirth and ensure that the measures are appropriate for the protection of such employees.
Cabinet Regulation No. 66 §20 and 32
Cabinet Regulation No. 248 §19, 27

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Differential treatment based on the gender of an employee is prohibited when establishing employment legal relationships, as well as during the period of existence of employment legal relationships, in particular when promoting an employee, determining working conditions, work remuneration or occupational training. Differential treatment based on the gender of employees is permitted only in cases where a particular gender is an objective and substantiated precondition for the performance of the relevant work or for the relevant employment. A job interview may not include such questions which are directly or indirectly discriminatory, in particular questions concerning pregnancy (except in cases where the employment contract is entered into for a specific time and the intended work or occupation may not be performed during the time of pregnancy, or also in the case where the time period in which the woman does not perform the relevant work is not commensurate with the terms of the employment contract), and family or marital status.
Labour Law §29(1) and 33(2)

Protection from discriminatory dismissal

An employer is prohibited from giving a notice of termination of an employment contract to a pregnant woman, as well as to a woman following the period after birth up to one year and during the whole period of breastfeeding.
Labour Law §101(1) and 109(1)
click on this symbol to show or hide remarks

Burden of proof

The employer has a duty to prove that, when dismissing the employee, he or she has not violated the rights of the employee and the specified procedure for termination.
Labour Law §125

Guaranteed right to return to work

The previous job of an employee who makes use of parental, maternity or paternity leave shall be retained. If this is not possible, the employer shall ensure equivalent or similar work with not less advantageous circumstances and employment provisions.
Labour Law §154(5), 155(6), 156

Results generated on: 18th April 2014 at 05:17:07.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.