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)   

Namibia - Maternity protection - 2011


LAST UPDATE

15 September 2011.

SOURCES


Name of Act

Social Security Act 1994, Act No. 34 of 1994, dated 30 November 1994, Government Gazette, 1994-12-06, No.992

Name of Act

Labour Act 2007, Act No. 11 of 2007

MATERNITY LEAVE


Scope

Subject to subsection (3), a female employee who has completed six months’ continuous service in the employment of an employer is, with a view to her confinement, entitled to not less than 12 weeks’ maternity leave.
Labour Act §26(1)

Qualifying conditions

The female employee must have completed six months`continuous service in the employment of the employer.
Labour Act §26(1)
click on this symbol to show or hide remarks

Duration


Compulsory leave

Subject to subsection (3), a female employee who has completed six months continuous service in the employment of an employer is, with a view to her confinement, entitled to not less than 12 weeks maternity leave, calculated as follows:

(a) before her actual date of confinement -
(i) she is entitled to commence maternity leave four weeks before her expected date of confinement, as certified by her medical practitioner; and

(b) after her date of confinement, she is entitled to:
(i) eight weeks maternity leave in every case;
Labour Act §26(1), a) -i, b) -i

General total duration

Subject to subsection (3), a female employee who has completed six months’ continuous service in the employment of an employer is, with a view to her confinement, entitled to not less than 12 weeks’ maternity leave, calculated as follows:

(a) before her actual date of confinement -
(i) she is entitled to commence maternity leave four weeks before her expected date of confinement, as certified by her medical practitioner; and
(ii) she is entitled to maternity leave for the entire time from the commencement of her maternity leave as contemplated in paragraph (i), until her actual date of confinement;

(b) after her date of confinement, she is entitled to:
(i) eight weeks maternity leave in every case; and
(ii) in the case of an employee whose date of confinement occurred less than four weeks after the commencement of her maternity leave, the amount of additional time required to bring her total maternity leave to 12 weeks.
Labour Act §26(1)
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

(1) If a medical practitioner certifies that -

(a) due to complications arising from pregnancy or delivery, it is necessary for the health of an employee, an employer must grant that employee extended maternity leave in excess of the periods referred to in section 26 (1)(a) or (b), up to a maximum equal to the greater of -
(i) one month; or
(ii) the amount of accrued sick leave that the employee has at that time; or

(b) due to complications arising from birth or congenital conditions, it is necessary for the health of the employee¿s child, an employer must grant that employee extended maternity leave in excess of the periods referred to in section 26(1)(b), up to a maximum equal to the greater of -
(i) one month; or
(ii) the amount of accrued sick leave that the employee has at that time.

(2) If a medical practitioner issues a certificate in terms of both subsection (1) (a) and (b), the periods of extended maternity leave must run concurrently.

(3) A period of extended maternity leave must run immediately before or immediately following an employee’s maternity leave in terms of section 26.

(4) Section 26(3) to (6) apply in respect of an employee who takes extended maternity leave under this section.
Labour Act §27
click on this symbol to show or hide remarks

Leave in case of illness or complications

(1) During any sick leave cycle, an employee is entitled to sick leave as follows:
(a) not less than 30 working days, if the employee ordinarily works five days during a week;
(b) not less than 36 working days, if the employee ordinarily works six days during the week; and
(c) not less than the number of working days calculated on a pro rata basis, if the employee ordinarily works fewer than five days during a week, but an employee is entitled to one day¿s sick leave for every 26 days worked during the employee’s first year of employment.
Labour Act §24(1)
click on this symbol to show or hide remarks

CASH BENEFITS


Maternity leave benefits

(3) During any period of maternity leave, the provisions of the contract of employment remain in force, and the employer must, during the period of maternity leave, pay to the employee the remuneration payable to that employee except the basic wage.
(4) The Social Security Commission established by the Social Security Act, 1994 (Act No. 34 of 1994) must, during the period that an employee is on maternity leave, pay to that employee such portion of that employee�s basic wage as may be prescribed in terms of that Act.

(4) Section 26(3) to (6) apply in respect of an employee who takes extended maternity leave under this section.

(4) The Fund shall, subject to the provisions of this Act, be applied to provide -
(a) maternity leave benefits to every female employee;
who is a member of the Fund by virtue of subsection (1)(a) of section 21 and who has complied with the other provisions of that section.

(1) Subject to the provisions of this section, maternity leave benefits as prescribed shall be payable to a female member in respect of-
(a) the period of four weeks before the expected date of her confinement, certified in writing by a medical practitioner to be such expected date;and
(b) the period of eight weeks after the actual date of her confinement.
(2) Notwithstanding subsection (1), maternity leave benefits shall:
(a) if the actual date of confinement of any female member preceeds the expected date contemplated in subsection (1), be payable in respect of the period of four weeks which precedes such actual date of confinement;
(b) if such expected date precedes such actual date of confinement, be payable in respect of the period of four weeks contemplated in paragraph (a) of subsection (1) and, in the discretion of the Commission, the number of days equal to the difference between such expected date and such actual date;
(c) if the child concerned dies within two weeks after the actual date of confinement, be payable in respect of a further period of four weeks only, reckoned from the date of death.
(3) If a female member dies while receiving or being entitled to receive maternity leave benefits, such benefits shall, subject to the provisions of this Act and such conditions as the Commission may determine, be payable to the person in whose care the child concerned of such member is left or placed or any other person who is considered by the Commissionto be a fit and proper person to administer such benefits on behalf of such child.
(4) No maternity benefits shall be payable to a female member who resumes her employment or takes up any other employment during any period referred to in this section.
Labour Act §§26(3)(6), 27(4)
Social Security Act §§28(4), 29(1)(2)(3)(4)
click on this symbol to show or hide remarks

Scope

Subject to subsection (3), a female employee who has completed six months� continuous service in the employment of an employer is, with a view to her confinement, entitled to not less than 12 weeks� maternity leave.

(4) The Fund shall, subject to the provisions of this Act, be applied to provide -
(a) maternity leave benefits to every female employee;
who is a member of the Fund by virtue of subsection (1)(a) of section 21 and who has complied with the other provisions of that section.
Labour Act §26(1)
Social Security Act §28(4)
click on this symbol to show or hide remarks

Qualifying conditions

Every employee employed by an employer must be registered with the Social Security Commission. Every employee registered by the Commission is a member of the Maternity Leave, Sick Leave and Death Benefit Fund. A member can make a claim for any benefits payable under the Social Security Act if the person has been a member of the fund concerned for a continuous periof of at least six months before the date on which such claim arose and all contributions payable in resprect of his or her membership of such fund have been paid in full
Social Security Act §§ 20, 21

Duration

(1) Subject to subsection (3), a female employee who has completed six
months continuous service in the employment of an employer is, with a view to her confinement, entitled to not less than 12 weeks maternity leave.

(1) Subject to the provisions of this section, maternity leave benefits as prescribed shall be payable to a female member in respect of-
(a) the period of four weeks before the expected date of her confinement, certified in writing by a medical practitioner to be such expected date; and
(b) the period of eight weeks after the actual date of her confinement.
Labour Act §26(1)
Social Security Act §29(1)

Amount

(3) During any period of maternity leave, the provisions of the contract of employment remain in force, and the employer must, during the period of maternity leave, pay to the employee the remuneration payable to that employee except the basic wage.
Labour Act §26(3)
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 100 % payment of the basic wage. Basic wage means that part of an employee’s remuneration in money including the cash equivalent of payment in kind, if any, paid in respect of work done during the hours ordinarily worked but does not include allowances, including travel and subsistence, housing, motor vehicle, transport, and professional allowances, whether or not based on the employee’s basic wage; pay for overtime, as defined in section 8 (g); additional pay for work on a Sunday or a public holiday; additional pay for night work, as required in terms of section 19(1); or payments in respect of pension, annuity or medical benefits or insurance.
  • 2004: Eighty percent
  • 1998: As prescribed
  • 1994: As prescribed

Financing of benefits

(3) During any period of maternity leave, the provisions of the contract of employment remain in force, and the employer must, during the period of maternity leave, pay to the employee the remuneration payable to that employee except the basic wage.
(4) The Social Security Commission established by the Social Security Act, 1994 (Act No. 34 of 1994) must, during the period that an employee is on maternity leave, pay to that employee such portion of that employee’s basic wage as may be prescribed in terms of that Act.
Labour Act §26(3)(4)
Historical data (year indicates year of data collection)
  • 2009: Employees and employers contribution to the Maternity Leave, Sick Leave and Death Benefit Fund.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

(1) There is hereby established a fund to be known as the National Medical Benefit Fund.
(4)The Fund shall, subject to the provisions of this Act, be applied to provide medical benefits to every employee who is a member of the Fund by virtue of subsection (l)(b) of 21 and who has complied with the other provisions of that section.

The medical benefits payable in respect of medical expenses incurred by any member, shall be as prescribed.
Social Security Act §32(1)(4), 33

Financing of benefits

(1) There is hereby established a fund to be known as the National Medical Benefit Fund.
(4)The Fund shall, subject to the provisions of this Act, be applied to provide medical benefits to every employee who is a member of the Fund by virtue of subsection (l)(b) of 21 and who has complied with the other provisions of that section.

The medical benefits payable in respect of medical expenses incurred by any member, shall be as prescribed.
Social Security Act §32(4), 33

HEALTH PROTECTION


Dangerous or unhealthy work

An employer must not require or permit an employee, whom the employer knows, or reasonably ought to know, is pregnant, to perform any work, including overtime work, between the hours of 20h00 and 07h00, during the period -
(a) eight weeks before her expected date of confinement; or
(b) eight weeks after her confinement.
Labour Act §19

General

(1) Every employer or person in charge of premises where employees are employed must, without charge to the employees -
(a) provide a working environment that -
(i) is safe;
(ii) is without risk to the health of employees; and
(iii) has adequate facilities and arrangements for the welfare of employees;
(b) provide and maintain plant, machinery and systems of work, and work processes, that are safe and without risk to the health of employees;
(c) provide and maintain safe entry and exit from places of work;
(d) provide employees with adequate personal protective clothing and equipment if reasonably necessary;
(e) provide employees with the necessary information and training to work safely and without a risk to their health;
(f) ensure that the use, handling, storage or transport of articles or substances is safe and without risk to the health of employees;
(g) ensure that employees are given the necessary instructions and supervision to work safely and without a risk to their health;
(h) ensure that the organisation of work, including hours of work and mealtimes, do not adversely affect the safety or health of employees; and
(i) take any other prescribed steps to ensure the safety, health and welfare of employees at work.
Labour Act §39(1)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

(2) A person must not discriminate in any employment decision directly or indirectly, or adopt any requirement or engage in any practice which has the effect of discrimination against any individual on one or more of the following grounds -
(a) race, colour, or ethnic origin;
(b) sex, marital status or family responsibilities;
(c) religion, creed or political opinion;
(d) social or economic status;
(e) degree of physical or mental disability;
(f) AIDS or HIV status; or
(g) previous, current or future pregnancy.

It is not discrimination in the case of a female employee who is pregnant, to temporarily reassign her duties or functions, other than her normal duties or functions, which are suitable to her pregnant condition, provided that the reassignment does not lead to a reduction in remuneration or any other benefits;
Labour Act §5(2), 5(4)(E)

Protection from discriminatory dismissal

(5) An employer must not dismiss an employee during her maternity leave or at the expiry of that leave on �
(a) any grounds contemplated in section 34; or
(b) any grounds arising from her pregnancy, delivery, or her resulting family status or responsibility.
(6) Subsection (5) does not apply if -
(a) the employer has offered the employee comparable alternative employment; and
(b) she has unreasonably refused to accept that offer.

It is unfair to dismiss an employee because of such employee¿s sex, race, colour, ethnic origin, religion, creed or social or economic status, political opinion or marital status. In any proceedings concerning a dismissal if the employee establishes the existence of the dismissal; it is presumed, unless the contrary is proved by the employer, that the dismissal is unfair.
Labour Act §§26(5)(6), 33 (3)
click on this symbol to show or hide remarks

Burden of proof

(5) In any dispute concerning the interpretation or application of subsection (2) �
(a) the complainant must establish the facts that prove the existence of discrimination; and
(b) if the existence of discrimination is established, the respondent must prove -
(i) that the discrimination did not take place as alleged; or
(ii) that the facts proved do not constitute discrimination in terms of this section.
Labour Act §5(5)
click on this symbol to show or hide remarks

Results generated on: 24th October 2014 at 18:11:35.
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.