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Malawi - Maternity protection - 2011


SOURCES


Name of Act

Employment Act, 1999 (No. 6 of 2000). Government Gazette, Supplement, 2000-05-19, 17p.

MATERNITY LEAVE


Scope

Every female employee is entitled to paid maternity leave.
Employment Act §47(1)

Qualifying conditions

No relevant provisions identified.

Duration


Compulsory leave

No relevant provisions identified.

General total duration

A female employee shall be entitled, within every three years, to at least eight weeks maternity leave on full pay.
Employment Act §47(1)
Historical data (year indicates year of data collection)
  • 2009: 8 weeks (every three years)
  • 2004: Eight weeks (every three years)
  • 1998: n.a.
  • 1994: n.a.

Extension

No relevant provisions identified.

Leave in case of illness or complications

In the event of illness, certified by a registered medical practitioner, arising out of pregnancy of confinement, affecting the employee or her child, the employer shall grant the employee additional leave as the employer may deem fit.
Employment Act §47(3)

RELATED TYPES OF LEAVE

No relevant provisions identified.

RIGHT TO PART-TIME WORK

No relevant provisions identified.

CASH BENEFITS


Maternity leave benefits


Scope

Every female employee is entitled to paid maternity leave.
Employment Act §47(1)

Qualifying conditions

No relevant provisions identified.

Duration

A female employee shall be entitled, within every three years, to at least eight weeks maternity leave on full pay.
Employment Act §47(1)

Amount

During the period when an employee is on maternity leave, her normal benefits and entitlements, including her contractual rights and accumulation of seniority, shall continue uninterrupted and her period of employment shall not be considered to have been interrupted, reduced or broken.
Employment Act §47(2)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

The employer shall pay the benefits.

During the period when an employee is on maternity leave, her normal benefits and entitlements, including her contractual rights and accumulation of seniority, shall continue uninterrupted and her period of employment shall not be considered to have been interrupted, reduced or broken.
Employment Act §47(2)
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: Employer
  • 1998: n.a.
  • 1994: n.a.

Alternative provisions

No relevant provisions identified.

Parental leave benefits

No relevant provisions identified.

Paternity leave benefits

No relevant provisions identified.

Adoption leave benefits

No relevant provisions identified.

MEDICAL BENEFITS

No relevant provisions identified.

HEALTH PROTECTION

No relevant provisions identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

No relevant provisions identified.

Prohibition of pregnancy testing

No relevant provisions identified.

Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

An employer who terminates the employment of an employee because the employee is pregnant or for any reason connected with her pregnancy shall be guilty of an offence and the burden of proving that the employment was not terminated because of pregnancy shall be on the employer.
An employer who is convicted of an offence under subsection (1) shall be liable to a fine of MK 20,000 and imprisonment for five years.
In addition to imposing a penalty under subsection (2), the Court may order -
(a) the employer to reinstate the employee, who shall be treated in all respects as if her employment had not been terminated; and
(b) an award of compensation as specified in section 63 (1) (c).
An employer who is ordered under subsection (2) to reinstate an employee and refuses to do so shall be guilty of an offence and liable to a fine of MK 500 for each day during which the offence continues.
Employment Act §49

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

Upon the expiration of her maternity leave, an employee shall have the right to return to the same job with the same benefits and entitlements as immediately before her absence, unless
(a) the job ceased to exist because of the economic, technological or organizational requirements of the undertaking; or
(c) she is incapable of continuing to perform the job.
(2) In either of the circumstances mentioned in subsection
(1), the employer shall take reasonable steps to find the employee a suitable alternative job within the undertaking.
(3) If no suitable alternative job can be found in accordance
with subsection (2), or if the employee unreasonably refuses the offer of a suitable alternative job, the employer shall be entitled to terminate her employment with notice, subject to the requirements of section 28 and to providing a severance allowance under section 35.
Employment Act §48

Results generated on: 19th September 2014 at 13:49:57.
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