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Mali - Maternity protection - 2011


LAST UPDATE

20 October 2011.

SOURCES


Name of Act

Act n° 99-041 on Social Welfare Code of 12 August 1999 (Loi no 99-041 portant Code de Prévoyance Sociale, Journal officiel de la République du Mali, 2000-01, pp. 138-168)

Name of Act

Act n. 92, Mali¿s Labour Code (Loi n° 92-020 portant Code du travail en République du Mali, Journal officiel, 1992-11-30, Spécial no 8, pp. 2-32), of 23 September 1992

MATERNITY LEAVE


Duration


Compulsory leave

Six weeks before the birth.

Every pregnant woman is entitled to maternity leave for a period of 14 weeks. This leave shall start 6 weeks before the presumed date of birth.
Labour Code §L.179(1)

General total duration

Every pregnant woman is entitled to maternity leave for a period of 14 weeks. This leave shall start 6 weeks before the presumed date of birth.

If birth happens before the presumed date, the leave shall be extended until it reaches 14 weeks.
Labour Code §L.178
Historical data (year indicates year of data collection)
  • 2009: Workers are entited to 14 weeks that should start 6 weeks before confinement.
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Leave in case of illness or complications

In case of disease, duly certified by a doctor, resulting from the pregnancy or birth, the woman can require an extension of the leave up to 3 weeks.
Labour Code §L.181

RELATED TYPES OF LEAVE


Paternity leave


Qualifying conditions

When of the birth of a healthy child in the worker’s household, the worker head of the household is entitled to a leave of 3 days, in the limits established by art. L147, of the Labour Code.
Social Welfare Code §33

Length

The leave conceeded in the occasion of the birth of a child of the worker shall be paid, within the conditions established by the Social Security Code.

When of the birth of a healthy child in the worker�s household, the worker head of the household is entitled to a leave of 3 days, in the limits established by art. L147, of the Labour Code.

The 3 days of leave can be taken consecutively or separately, after agreement between the employer and the worker, but shall taken within a period of 15 days counting the birth date.
Labour Code §L147
Social Welfare Code §33, 34

CASH BENEFITS


Maternity leave benefits


Qualifying conditions

The daily benefits and free care are conceeded to the female worker in the conditions of:
1. Justifying of her quality of worker, in the conditions of art. 7 of the present code;
2. Having her state of pregnancy attested by a doctor or a midwife and having a certificate, according to the requisites of art. 16 of the present code, sent to the National Social Security Institut;
3. Suspending effectively the work she was performing. The proof of such suspension being provided by a document produced by her employer;
4. Justifying her effective salary, received when of the suspension of work, through an attestation produced by her employer and sent to the Institut.

The formalities above requiring the worker to prove her state of pregnancy, her quality of worker and medical surveillance, are not due, if she has already fulfilled them in order to obtain pre-natal and maternity benefits.
Social Welfare Code §29
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Duration

Every pregnant woman is entitled to maternity leave for a period of 14 weeks. This leave shall start 6 weeks before the presumed date of birth.

During the maternity leave forseen in art. L.179, the female worker is entitled to free care and to the remuneration she perceived by the time of the suspension of the work, in the conditions established by the Social Welfare Code.
She also retains the right to the benefits in kind.

In order to favor the pre-natal and post-natal rest, the National Social Security Institut shall pay to women workers a benefit according to that forseen in art. L182 of the Labour Code during the period of the leave conceeded in the occasion of birth.

The daily benefits shall be paid for the period of 14 weeks forseen in art. L179 of the Labour Code. The daily benefits are due for the totality of the pre-natal and post-natal rests.
Labour Code §L179(1), L182
Social Welfare Code §28(1)(3)

Amount

The daily benefits, during the maternity leave, shall be equal to the total amount, without limitations, of the salary perceived at the moment of suspension of work.

The daily benefits shall be paid for the period of 14 weeks forseen in art. L179 of the Labour Code. The daily benefits are due for the totality of the pre-natal and post-natal rests.
Social Welfare Code §28(2)(3)
Historical data (year indicates year of data collection)
  • 2009: During maternity leave the worker is entitled to the same wage that she was receiving before the leave.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

In order to favor the pre-natal and post-natal rest, the National Social Security Institut shall pay to women workers a benefit according to that forseen in art. L182 of the Labour Code during the period of the leave conceeded in the occasion of birth.
Social Welfare Code §28(1)
Historical data (year indicates year of data collection)
  • 2009: National Institute of Social Welfare
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Paternity leave benefits


Qualifying conditions

When of the birth of a healthy child in the worker’s household, the worker head of the household is entitled to a leave of 3 days, in the limits established by art. L147, of the Labour Code.
Social Welfare Code §33

Duration

The leave conceeded in the occasion of the birth of a child of the worker shall be paid, within the conditions established by the Social Security Code.

When of the birth of a healthy child in the worker’s household, the worker head of the household is entitled to a leave of 3 days, in the limits established by art. L147, of the Labour Code.

The 3 days of leave can be taken consecutively or separately, after agreement between the employer and the worker, but shall taken within a period of 15 days counting the birth date.
Labour Code §L147
Social Welfare Code §33, 34

Amount

The remuneration of the leave shall be equal to the salary and benefits that would be paid to the worker, for the same period of work during the leave time.

This remuneration shall be paid by the National Social Security Institute to the employer as reimboursement of the amount paid in the pay-day immediately after the leave.

The modalities of payment of such benefits shall be established by other regulations.
Social Welfare Code §35

MEDICAL BENEFITS

During a period of 15 months starting from the birth of the child, the female worker is entitled to breastfeeding breaks in the workplace.
The total duration of such breaks shall not exceed one hour per day.
These breaks shall not be cause of deduction from the salary.
The mother can, during the period above, terminate her employment contract in the same conditions as stated in art. L.178.
Labour Code §L.184
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Pre-natal, childbirth and post-natal care

During the maternity leave forseen in art. L.179, the female worker is entitled to free care and to the remuneration she perceived by the time of the suspension of the work, in the conditions established by the Social Welfare Code.
She also retains the right to the benefits in kind.

In order to favor the pre-natal and post-natal rest, the National Social Security Institut shall pay to women workers a benefit according to that forseen in art. L182 of the Labour Code during the period of the leave conceeded in the occasion of birth.
Labour Code §L.182
Social Welfare Code §28(1)

Financing of benefits

In order to favor the pre-natal and post-natal rest, the National Social Security Institut shall pay to women workers a benefit according to that forseen in art. L182 of the Labour Code during the period of the leave conceeded in the occasion of birth.
Social Welfare Code §28(1)
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HEALTH PROTECTION


Arrangement of working time

Women are entitled during 15 months from the birth of their child to a break to nurse their child. Breastfeeding breaks will be one hour long and shall be considered working time and remunerated as such.
Labour Code §184

Night work

Night work is forbidden for women and children in industries.
Labour Code §L186(2)

Other work arrangements

Women and children cannot be kept in a work exceeding their strength and shall be moved to more appropriate work. If that is not possible, the contract shall be terminated and the termination shall be deemed to have been at the initiative of the employer.
Labour Code §L188(2)

Dangerous or unhealthy work


General

It is forbidden to employ women, pregnant women and children in work exceeding their strength, presenting potential causes of danger to their health or, due to the nature of the work, susceptible to harm their morality.
Labour Code §L185

Results generated on: 03rd September 2014 at 09:07:28.
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