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Morocco - Maternity protection - 2011


LAST UPDATE

25th March 2011.
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SOURCES


Name of Act

Labour Code, (Dahir No. 1-03-194 of 11 September 2003 implementing Law No. 65-99 respecting the Labour Code), Bulletin officiel - Edition de traduction officielle, 2004-05-06, No. 5210, pp. 600-658

Name of Act

Dahir stating Act n. 1.72.184, 27 July 1972 on the Social Security Regime.

Name of Act

Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave.

Other source used

Morocco-Social Security Programs Throughout the World 2007, ISSA report, Africa 2007

MATERNITY LEAVE


Scope

The pregnant worker whose pregancy has been previously attested by a doctor has the right to 14 weeks of maternity leave, unless the labour contracts, the collective agreement or internal regulations establishes more favourable conditions.
Labour Code §152
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Duration


Compulsory leave

Pregnant workers cannot be occupied with work in the seven consecutive weeks after the birth.
§153(1)

General total duration

The pregnant worker whose pregancy has been previously attested by a doctor has the right to 14 weeks of maternity leave, unless the labour contracts, the collective agreement or internal regulations establishes more favourable conditions.

The female worker has the right to suspend her labour contract for a period starting 7 weeks before the birth up to 7 weeks after it.

In order to raise her child, the working mother can, in agreement with her employer, be conceeded one year of non-paid maternity leave.
Labour Code §152, §154(1), §156(2)
Historical data (year indicates year of data collection)
  • 2009: Fourteen weeks
  • 2004: Fourteen weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

If a pathology is attested by a medical certificate as a result of the pregnancy or the birth, which demands an extension of the period of maternity leave, this shall be extended for the period lasting the medical condition. However this extension cannot exceed 8 weeks before the presumed date of birth, nor 14 weeks after it.
Labour Code §154(2)

Leave in case of illness or complications

If a pathology is attested by a medical certificate as a result of the pregnancy or the birth, which demands an extension of the period of maternity leave, this shall be extended for the period lasting the medical condition. However this extension cannot exceed 8 weeks before the presumed date of birth, nor 14 weeks after it.
Labour Code §154(2)

RELATED TYPES OF LEAVE


Paternity leave

Every head of the household employee, functionary or agent of the public service shall have the right to a supplementary leave of 3 days in case of a birth in his house.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §1
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Scope

Every head of a household employee, functionary or agent of the public service.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §1

Length

Every head of the household employee, functionary or agent of the public service shall have the right to a supplementary leave of 3 days in case of a birth in his house.

The lenght of the leave shall be of 3 days in case of one or multiple birth.
These 3 days shall be consecutive or not, after agreement between the employee and the employer, but shall be taken in the period of 15 days around the date of birth.
The paternity leave, which must be taken effectively,shall not be considered as paid annual leave.
In the case the birth takes place during a rest period of the father following annual leave or sick leave, this period shall be extended for 3 days.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §1, §2

CASH BENEFITS


Maternity leave benefits


Scope

The insured female worker who has contributed for 54 consecutive or not days during the 10 months preceding the time she stoped working because of the birth has the right to cash benefits from the date of the work stoppage for 14 weeks. From the mentioned period at least 7 weeks should be taken after the birth. The benefits are conditioned to the fact the she stops working during the above mentioned period. Besides that she must reside in Maroc.
Dahir stating Act n. 1.72.184, 27 July 1972 on the Social Security Regime §37(1)

Duration

The insured female worker who has contributed for 54 consecutive or not days during the 10 months preceding the time she stoped working because of the birth has the right to cash benefits from the date of the work stoppage for 14 weeks.
Dahir stating Act n. 1.72.184, 27 July 1972 on the Social Security Regime §37(1)

Amount

The daily benefit conceeded shall be equal to the average daily wage defined in the 2nd paragraph of art. 35. The benefit is due for every working day or not.

The daily benefit shall be equal to 2/3 of the average daily wage defined below. It cannot be in any case lower than 2/3 of the legal minimum wage.
The average daily wage over which the benefits shall be determined is obtained by dividing the total of salaries submited to contribution (to the social security) and received by the insured during the six months preceding the inital inability to work by the actual number of days worked during these 6 months.
The average daily wage serving as basis for the calculation of the benefits due because of posteriors disabilities is obtained by dividing the total of salaries submited to contribution (to the social security) and received by the insured during the 3 or 2 months (or one civil month) preceeding the beginning of the inability to work by the actual number of days worked during this period. For that the highest average daily wage is to be considered.
Once the inability to work is due an accident, the insured has the right to 3 months of benefits in case of initial inability and less than a month in case of posterior inability. The average daily wage serving as basis for the calculation is obtained in each case by dividing the amount of salaries submited to contribution and received during the period he/she contributed (to the social security) by the actual number of days worked during the mentioned period.

If the benefitiary keeps receiving his/her salary during the work interruption , the daily benefit is only due if the sum of the fraction of the maintained daily salary and the daily benefit does not exceed the average daily wage amount defined in art. 35.
Dahir stating Act n. 1.72.184, 27 July 1972 on the Social Security Regime §38, §35, §36
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The insured female worker who has contributed for 54 consecutive or not days during the 10 months preceding the time she stoped working because of the birth has the right to cash benefits from the date of the work stoppage for 14 weeks. From the mentioned period at least 7 weeks should be taken after the birth. The benefits are conditioned to the fact the she stops working during the above mentioned period. Besides that she must reside in Maroc.

Subject to forclosure, except in cases of force majeure, the request of the daily benefits shall be made directly to the National Social Security Fund (Caisse Nationale de Sécurité Sociale) within nine months following the date the insured stopped working.

Within the 30 days following the work interruption or the extension of this interruption , the insured shall send to the National Social Security Fund (Caisse Nationale de Sécurité Sociale), except in cases of force majeure, a work’s interruption notice signed by a doctor and the employer, using as specific form, of which the model will be determined by the general director of the social security fund. In case this procedure is not followed, the insured shall have his/her benefits suspended.
Dahir stating Act n. 1.72.184, 27 July 1972 on the Social Security Regime §37(1)(2), §33
Historical data (year indicates year of data collection)
  • 2009: Social security
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Paternity leave benefits

The remuneration of the 3 days of paternity leave shall be equal to the salary and emoluments he would have been paid if he had remained at work.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §3

Scope

Every head of a household employee, functionary or agent of the public service.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §1

Duration

The paternity leave is of 3 days.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §1

Amount

The remuneration of the 3 days of paternity leave shall be equal to the salary and emoluments he would have been paid if he had remained at work.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §3

Financing of benefits

For the employees, the benefits shall be paid by the employer. This benefit shall be given in the employee’s salary following the period taken as paternity leave. The benefits shall not be paid before the father takes the above mentioned leave.

If the employer is affiliated to the social security system, the latter shall reimburse him in the same amount he paid the employee, taking into account the monthly remuneration ceiling that serves for the calculation of the contributions, established in art. 4 fo the Decree n. 2-60-312, 05 August 1960.

The payment is conditioned by the presentation of a birth certificate delivered by a civil status officer to whom the birth was declared, being the newborn a legitimate child or a child recognised in the 12 days following the birth. In addition, the payment of the benefits will only be effectuated if the birth was declared in the 12 following days.
Dahir from 25 kaâda 1365 (22 October 1946) changed by Dahir n. 1.61.005, 18 January 1963, on paternity leave. §4

BREASTFEEDING

During a period of 12 months starting from the date the worker comes back to work, she has the right to breastfeed her child, during working time, in a special rest break, which shall be paid as regular working time. These periods shall be of half-an-hour in the morning and half-an-hour in the afternoon. These break periods shall not be considered as the regular rest breaks of the company.

The working mother shall, in agreement with her employer, be conceed time to breasfeed her child at any moment during the working day.
Labour Code §161

Remuneration of nursing breaks

During a period of 12 months starting from the date the worker comes back to work, she has the right to breastfeed her child, during working time, in a special rest break, which shall be paid as regular working time. These periods shall be of half-an-hour in the morning and half-an-hour in the afternoon. These break periods shall not be considered as the regular rest breaks of the company.
Labour Code §161

Nursing facilities

A special room for breasfeeding shall be established in every company or immediately close to it, once the company has at least 50 employers over the age of 16.

The above mentioned rooms can also serve as children daycares for the children of women working in the company.

The children admission conditions, conditions to establish the breastfeeding rooms, as well as the surveillance and hygiene conditions, shall be determined by the labour governmental authority.
Labour Code §162

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Every kind of discrimination against employees, which have an effect upon the principleo of equality of opportunities regarding employment or the exercice of a certain profession, more specifically hiring, conducting and dividing the work, salary, the granting of benefits, the determination of disciplinary measures and dismissing, based on race, sex, colour, deficiency, marital status, religion, public opinion, union affiliation, national extraction or social origin, is forbidden.
Labour Code §9(2)

Guaranteed right to return to work

The employer cannot break the labour contract of a female worker while she is pregnant (and has a medical certificate attesting it) and during the 14 weeks following the birth.

The employer cannot also break the labour contract of a female worker during the period of the suspension due to an attested pathology arising from the pregnancy or the birth.

However, provided that the contract break is not notified or that it doesn’t entry into force during the suspension of the contract forseen in arts. 154 and 156, the employer can break the labour contract if he/she justifies it with misconduct or with any other legal motive for dismissing.
Labour Code §159

Results generated on: 21st October 2014 at 10:47:06.
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