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Mauritius - Maternity protection - 2011


LAST UPDATE

14 October 2011.

SOURCES


Name of Act

Domestic Workers (remuneration) Regulations 2010.

Name of Act

Employment Rights Act of 2008 of 19 September 2008, Act No. 33 of 2008

Name of Act

Equal Opportunities Act 2008 of 30 December 2008, Act No. 42 of 2008

Name of Act

Salt Manufacturing Industry (Remuneration Order) Regulations

MATERNITY LEAVE


Scope

A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay to be taken either -
(i) before confinement, provided that at least 6 weeks’ maternity leave shall be taken immediately following the confinement; or
(ii) after confinement; and
(b) subject to subsection (2), an allowance as specified in paragraph (b) of the Third Schedule payable within 7 days of her confinement.

Domestic Workers:
A female domestic worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay to be taken either -
(i) before confinement, provided that at least 6 weeks’ maternity leave shall be taken immediately following the confinement; or
(ii) after confinement.
Employment Rights Act §30(1)
Domestic Workers (remuneration) Regulations 2010. Second Schedule, §7(1)a)

Qualifying conditions

A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay.

Domestic Workers:
A female domestic worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay.
Employment Rights Act §30(1)a)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(1)a)

Duration


Compulsory leave

A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay to be taken either -
(i) before confinement, provided that at least 6 weeks’ maternity leave shall be taken immediately following the confinement; or
(ii) after confinement;

Domestic Workers:
A female domestic worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay to be taken either -
(i) before confinement, provided that at least 6 weeks¿ maternity leave shall be taken immediately following the confinement; or
(ii) after confinement.
Employment Rights Act §30(1)a) i, ii
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(1)a)

General total duration

A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay.

Domestic Workers:
A female domestic worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay.
Employment Rights Act §30(1)a)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(1)a)
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Leave in case of illness or complications

Where a female worker suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks’ leave on full pay immediately after the miscarriage.

Domestic Workers:
Where a female domestic worker who remains in continuous employment with the same employer for a period of 12 consecutive months gives birth to a still-born child and the still-birth is duly certified by a medical practitioner, she shall be entitled, upon the recommendation of her medical practitioner, to opt either for -
(a) 2 weeks’ maternity leave on full pay; or
(b) 12 weeks’ maternity leave on full pay.

Where a female domestic worker opts for 12 weeks’ maternity leave on
full pay under subparagraph (3)(b), it shall be deemed that she has taken paid leave due for one confinement.

Where a female domestic worker suffers a miscarriage, which is duly certified by a medical practitioner, she shall be entitled to 2 weeks’ leave on full pay immediately after the miscarriage.
Employment Rights Act §30(4)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(3)(4)(6)

RELATED TYPES OF LEAVE


Paternity leave


Scope

A male worker shall be entitled to 5 continuous working days¿ leave, to be known as paternity leave, on production of -
(a) a medical certificate certifying the birth of his child from his spouse; and
(b) a written statement signed by him that he is living with his spouse under a common roof.
Employment Rights Act §31(1)

Qualifying conditions

The employee must present a medical certificate certifying the birth of his child from his spouse; and a written statement signed by him that he is living with his spouse under a common roof. The employee must have been in continuous employment for 12 months with the same employer prior to the birth of the child.
Employment Rights Act §31(1)

Length

A male worker shall be entitled to 5 continuous working days¿ leave, to be known as paternity leave
Employment Rights Act §31(1)

RIGHT TO PART-TIME WORK


General provisions

A full-time worker may enter into an agreement with an employer to perform part-time work subject to the agreement -
(a) being in writing;
(b) being for a specified period of time; and
(c) providing for the option to the worker to revert to full time work at the expiry of the specified period of the part-time work.
Employment Rights Act §11

CASH BENEFITS


Maternity leave benefits


Scope

A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay.
Employment Rights Act §30(1)a)
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Duration

A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay.

Domestic Workers:
A female domestic worker who remains in continuous employment with
the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay to be taken either -
(i) before confinement, provided that at least 6 weeks’ maternity leave shall be taken immediately following the confinement; or
(ii) after confinement;
(b) an allowance of 2,000 rupees payable within 7 days of her confinement.
Employment Rights Act §30(1)a)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(1)

Amount

Full pay.

A female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay

Domestic Workers:
A female domestic worker who remains in continuous employment with
the same employer for a period of 12 consecutive months immediately preceding her confinement shall, on production of a medical certificate, be entitled to -
(a) 12 weeks’ maternity leave on full pay.
Employment Rights Act §30(1)a)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(1)a)
Historical data (year indicates year of data collection)
  • 2009: Full pay.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The employer.
Employment Rights Act §30(1)
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Historical data (year indicates year of data collection)
  • 2009: The employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

A female worker who reckons less than 12 months’ continuous employment shall not be entitled to the benefits specified in subsection (1)(b) or (2), as the case may be, but shall be entitled to the maternity leave specified in subsection (1)(a) without pay.

Domestic Workers:
Where a female part-time worker remains in continuous employment
with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave, she shall, on production of a medical certificate, be entitled to an allowance computed in accordance with the following formula -
N/W x amount specified in subparagraph (1)(b), where �N� means the number of days of work she is required to perform in a week and �W� means the number of working days in a week of a comparable full-time worker.
Employment Rights Act §30(3)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(2)
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Paternity leave benefits


Scope

A male worker shall be entitled to 5 continuous working days¿ leave, to be known as paternity leave, on production of -
(a) a medical certificate certifying the birth of his child from his spouse; and
(b) a written statement signed by him that he is living with his spouse under a common roof.
Employment Rights Act §31(1)

Qualifying conditions

The worker must have been in continuous employment with the same employer for a period of at least 12 months prior to the date of birth of the child
Employment Rights Act §31(1)

Duration

A male worker shall be entitled to 5 continuous working days’.
Employment Rights Act §31(1)

Amount

Subject to subsection (1), the paternity leave shall -
(a) begin within one week from the birth of the child; and
(b) be on full pay where the worker has been in continuous employment with the same employer for a period of at least 12 months prior to the date of birth of the child.
Employment Rights Act §31(2)

Financing of benefits

Employer:
Subject to subsection (1), the paternity leave shall -
(b) be on full pay where the worker has been in continuous employment with the same employer for a period of at least 12 months prior to the date of birth of the child.
Employment Rights Act §31(2)b)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

(a) A female worker who is nursing her unweaned child shall, for that purpose, be entitled every day at a time convenient to her and having regard to the needs of the child to at least -
(i) 2 breaks of half-hour; or
(ii) one break of one hour.

Domestic Workers:
(a) A female domestic worker who is nursing her unweaned child shall, for that purpose, be entitled every day at a time convenient to her and having regard to the needs of the child to at least -
(i) 2 breaks of half-hour; or
(ii) one break of one hour.
(b) The break specified in subparagraph (a) shall -
(i) be for a period of 6 months from the date of confinement or such longer period as may be recommended by a medical practitioner; and
(ii) not be deducted from the number of hours of work of the female worker.
Employment Rights Act §30(6)a)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(7)

Remuneration of nursing breaks

(b) The break specified in paragraph (a) shall -
(i) be for a period of 6 months from the date of confinement or such longer period as may be recommended by a medical practitioner; and
(ii) not be deducted from the number of hours of work of the female worker.

Domestic Workers:
(a) A female domestic worker who is nursing her unweaned child shall, for that purpose, be entitled every day at a time convenient to her and having regard to the needs of the child to at least -
(i) 2 breaks of half-hour; or
(ii) one break of one hour.
(b) The break specified in subparagraph (a) shall -
(i) be for a period of 6 months from the date of confinement or such longer period as may be recommended by a medical practitioner; and
(ii) not be deducted from the number of hours of work of the female worker.
Employment Rights Act §30(6)b)
Domestic Workers (remuneration) Regulations 2010. Second Schedule §7(7)
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Nursing facilities

Where the Permanent Secretary is of the opinion that no adequate arrangements have been made to nurse the child of a worker, he may, after consultation with a government medical practitioner, give such directions by written notice to the employer as he thinks fit.

An employer shall comply with the directions given to him by the Permanent Secretary or government medical practitioner under subsection (1).
Employment Rights Act §32

HEALTH PROTECTION


Arrangement of working time


Night work

An employer shall not require a female worker to perform work in excess of a normal day’s work or work during night shift, 2 months before her confinement.
Employment Rights Act §30(7)

Overtime

An employer shall not require a female worker to perform work in excess of a normal day’s work or work during night shift, 2 months before her confinement.
Employment Rights Act §30(7)

Dangerous or unhealthy work


Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

Subject to the subparagraph below, where a female worker has entered in her seventh month of pregnancy she shall not be required to lift or carry any weight.

No female worker shall be required to lift or carry any weight at any time during pregnancy or during the ten weeks following confinement if in the opinion of a qualified physician such work is likely to impair her health or that of her child.
Salt Manufacturing Industry Regulations §7(3)(4)

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

Subject to medical recommendation, a female worker who is pregnant shall not be required to perform duties -
(a) requiring continuous standing; or
(b) that may be detrimental to her health and that of her baby.
Employment Rights Act §30(8)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

No worker shall be treated in a discriminatory manner by his employer in his employment or occupation. No person shall be treated in a discriminatory manner by a prospective employer in respect of access to employment or occupation. Discrimination includes affording different treatment to different workers attributable wholly or mainly to their respective descriptions by age, race, colour, caste, creed, sex, sexual orientation, HIV status, religion, political opinion, place of origin, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.
Employment Rights Act §4(1)(5)

Protection from discriminatory dismissal

An agreement shall not be terminated by an employer by reason of -
(a) a worker’s race, colour, national extraction, social origin, pregnancy, religion, political opinion, sex, sexual orientation, HIV status, marital status or family responsibilities;
(b) a worker’s absence from work during maternity leave.
Employment Rights Act §38(1)a)b)

Burden of proof

A discriminator is deemed to discriminate on the ground of sex where he acts as he does because of the pregnancy, family responsibility or potential pregnancy of the aggrieved person; or a characteristic of the aggrieved person that generally appertains, or is imputed, to a person who is pregnant, has family responsibility or is potentially pregnant.

For the purposes of paragraph "family responsibility" means the responsibility of a person to care for or support a dependent child; or any other immediate family member who is in need of care or support; "potential pregnancy" means the fact that a woman is or may be capable of bearing children; has expressed a desire to become pregnant; or is likely, or is perceived as being likely, to become pregnant.
Equal Opportunities Act §5(3)

Results generated on: 20th September 2014 at 03:54:16.
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