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Nicaragua - Maternity protection - 2011


LAST UPDATE

15 December 2011

SOURCES


Name of Act

Act No. 185 promulgating the Labour Code, (La Gaceta No. 205, 30 October 1996, pp. 6109-6155) of 30 October 1996 as amended up to Act n° 456 of 6 July 2004

Name of Act

Decree No. 974 Promulgating the Social Security Act of 11 February 1982, La Gaceta No. 49, 1 March 1982, pp. 561-591, as amended up, to Act n° 607 of 16 January 2007, La Gaceta n°11 del 16 de Enero del 2007

Name of Act

Law No. 648 of February 14 of 2008, published in the legal registry No.51 of March 12 of 2008 of Equal rights and Opportunities.
(Ley No. 648 del 14 de febrero de 2008, publicada en la gaceta No.51 del 12 de marzo del 2008).

Name of Act

Decree No. 292 of December 22 of 1987, published in the legal registry No.277 of December 1987.
(Decreto No.293 de 22 de Diciembre de 1987, publicado en la gaceta No.277 del 29 de Diciembre de 1987).

Name of Act

Decree No.29 of 2010, enacted the 16 of June of 2010 and published in the legal registry No.121 of 28 June of 2010. This Decree regulates the Law of equality of rights and opportunities.
(Decreto No.29-2010, aprobado el 16 de junio de 2010 y publicado en la gaceta No.121 del 28 de junio de 2010).

Name of Act

Law No. 423 of March 14 2002 published in the legal registry No.91 of May 17 of 2002. The General Law of Health.
(Ley No.423 del 14 de marzo de 2002 publicada en la gaceta No. 91 del 17 de mayo de 2002).

Name of Act

Presidential Decree No. 25 of 2005 that amends the Decree No.975 General regulation of the Social Security Law.

Name of Act

Law No.618 of 19 April of 2007 OSH, published in the legal registry in July 13 of 2007.
Decree No. 96 of 2007 Regulating the Law No.618 of 2007, published in the legal registry in October 12 of 2007.

Other source used

Other source used

Ministry of Labour

MATERNITY LEAVE


Scope

The maternity protection provided by the Labour Code covers women workers in employment within both the public and private sectors.
Labour Code §2

Qualifying conditions

There are not qualifying conditions to be entitled to maternity leave. Nevertheless, in order to determine the starting date of the leave, the female worker shall present to her employer a medical certificate with the probable date of confinement. The Ministry of Health will enact this certificate free of charge.
Labour Code §142

Duration


Compulsory leave

Four weeks before and eight weeks after confinement.
Labour Code §141

General total duration

12 weeks (four weeks before and eight weeks after confinement)
Labour Code §141
Historical data (year indicates year of data collection)
  • 2009: 12 weeks (four weeks before and eight weeks after confinement)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

In the case of multiple births, postnatal leave shall be extended to ten weeks. If confinement takes place before the due date, any unused prenatal leave shall be added to postnatal leave, without reducing the eight-week postnatal leave period.
Labour Code §141

Leave in case of illness or complications

In the case of miscarriage, stillbirth or other abnormal confinement, the woman worker shall be entitled to paid leave in accordance with the requirements of the medical certificate.
Labour Code §141

RELATED TYPES OF LEAVE


Parental leave

Not provided.
Labour Code

Paternity leave

Not provided.
There is a leave up to three paid days in case of dead of close relatives, but this leave does not apply in case of birth of a child.
Labour Code §73

Adoption leave

Not provided.
Labour Code

RIGHT TO PART-TIME WORK

If the employee is in charge of a seriously disabled person, this employee is entitled to apply for a reduction of his/her working hours with the consequent reduction of wages, through an agreement with the employer and for the whole time needed.
Labour Code §75

General provisions

In the case of working women with family obligations, laws, collective agreements and regulations, they can adopt systems of reduced working time or limited time. They have to consider the particularities of the activity performed.
Labour Code §138

CASH BENEFITS


Maternity leave benefits


Scope

Mandatory affiliates to the Social Security System:

Employees(temporary, permanent) in the public, private or mixed sectors.
The partners of any company or society that perform a remunerated activity within the organization.
The contributing family workers.

Voluntary affiliates:
independent workers.
Decree No. 974 Promulgating the Social Security Act §5(a,b,c,d) 6(c)
Presidential Decree No. 25 of 2005 that amends the Decree No.975 General regulation of the Social Security Law. §1
Homepage of the Nicaraguan Social Security Funds

Qualifying conditions

An insured woman worker is entitled to maternity leave benefit if she has paid contributions for 16 of the 39 weeks preceding the due date for confinement.
Decree No. 974 Promulgating the Social Security Act §94

Duration

12 weeks.
Decree No. 974 Promulgating the Social Security Act § 95

Amount

Hundred per cent of the insured’s average earnings in the last 4 weeks before birth.
Homepage of the Nicaraguan Social Security Funds
Historical data (year indicates year of data collection)
  • 2009: Hundred per cent of the insured's average earnings in the last 4 weeks before birth.
  • 2004: Sixty percent
  • 1998: Sixty percent
  • 1994: Sixty percent

Financing of benefits

60 per cent social security and 40 per cent employer. In cases where the woman does not fulfill the prerequisites to receive social security benefits, the employer shall pay 100% of the maternity benefit.
Homepage of the Nicaraguan Social Security Funds
Decree No. 974 Promulgating the Social Security Act § 95
Historical data (year indicates year of data collection)
  • 2009: 60 per cent social security and 40 per cent employer. In cases where the woman does not fulfill the prerequisites to receive social security benefits, the employer shall pay 100% of the maternity benefit.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided.
Labour Code
Decree No. 974 Promulgating the Social Security Act
Homepage of the Nicaraguan Social Security Funds

Paternity leave benefits

Not provided.
Labour Code
Decree No. 974 Promulgating the Social Security Act

Adoption leave benefits

Not provided.
Labour Code
Decree No. 974 Promulgating the Social Security Act

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Every pregnant woman is entitled to prenatal, confinement and postnatal care.
Labour Code §141
Decree No. 974 Promulgating the Social Security Act §89
Law No. 423 of March 14 2002 published in the legal registry No.91 of May 17 of 2002. The General Law of Health.
(Ley No.423 del 14 de marzo de 2002 publicada en la gaceta No. 91 del 17 de mayo de 2002). §32

Financing of benefits

Public health system.
Decree No. 974 Promulgating the Social Security Act §89

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Fifteen minutes every three hours. Time spent nursing shall be counted as time worked.
Labour Code §143

Remuneration of nursing breaks

Time spent by female workers for breastfeeding breaks will be paid as time worked.
Labour Code §143

Transfer to another post

Not provided.
Labour Code

Nursing facilities

The employer shall provide areas for nursing mothers equipped with adequate seating. At workplaces where more than thirty women are employed, the employer shall convert or build an appropriate area for women workers to nurse their babies.
Labour Code §143

HEALTH PROTECTION


Arrangement of working time


Night work

Pregnant women of more than six months pregnancy shall not undertake night work.
Labour Code §52

Overtime

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Labour Code

Work on rest days

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Labour Code

Time off for medical examinations

It is not specially provided for pregnant workers. Nonetheless, is stipulated that the employer shall allow employees to undergo medical tests during working hours and with the payment of 100% of wages.
Labour Code §74.a

Leave in case of sickness of the child

The employer shall grant paid leave to employees that need to undergo a medical test of their children(minors) or disabled (any age) in case these medical tests cannot be made during non-working hours.

In case of serious illness of a close relative of the employee that lives within her/his same house, the employer shall grant leave up to six working days and the payment of wages will be agreed with the employee and in no case will be less than 50%.
Labour Code §74.b.c

Dangerous or unhealthy work


General

There are not special legal measures on this subject in the Labour Code to protect the safety and health of pregnant workers and/or breastfeeding mothers.
Labour Code

Risk assessment


» Assessment of workplace risks

Pregnant women are prohibited from undertaking work which may be detrimental to their condition.
Labour Code §140

» Adaptation of conditions of work

Not expressly provided.
Labour Code

» Transfer to another post

The employer shall provide the pregnant woman with work which has no effect on the natural healthy progression of the pregnancy.
Labour Code §140

» Paid/unpaid leave

Not provided.
Labour Code

» Right to return

When the female employer has transferred the pregnant worker to other job for safety and health reasons, once the danger for her health finishes she is entitled to return to the same job she was performing before the transfer.
Labour Code §140

Particular risks

The Ministry of Labour will enact decrees with the jobs prohibited or dangerous for female workers. Up to this date it has not been possible to know if this decree or decrees has/have been enacted.
Law No.618 of 19 April of 2007 OSH, published in the legal registry in July 13 of 2007.
Decree No. 96 of 2007 Regulating the Law No.618 of 2007, published in the legal registry in October 12 of 2007.

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

Neither prohibited nor regulated for pregnant workers and/or breastfeeding mothers.
Law No.618 of 19 April of 2007 OSH, published in the legal registry in July 13 of 2007.
Decree No. 96 of 2007 Regulating the Law No.618 of 2007, published in the legal registry in October 12 of 2007.
Ministry of Labour

» Work involving exposure to biological, chemical or physical agents

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Law No.618 of 19 April of 2007 OSH, published in the legal registry in July 13 of 2007.
Decree No. 96 of 2007 Regulating the Law No.618 of 2007, published in the legal registry in October 12 of 2007.
Ministry of Labour

» Working requiring special equilibrium

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Law No.618 of 19 April of 2007 OSH, published in the legal registry in July 13 of 2007.
Decree No. 96 of 2007 Regulating the Law No.618 of 2007, published in the legal registry in October 12 of 2007.
Ministry of Labour

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

It is not prohibited neither for pregnant workers nor breastfeeding mothers.
Law No.618 of 19 April of 2007 OSH, published in the legal registry in July 13 of 2007.
Decree No. 96 of 2007 Regulating the Law No.618 of 2007, published in the legal registry in October 12 of 2007.
Ministry of Labour

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Female worker shall enjoy all the rights guaranteed in the Labour Code and other norms on the equality of conditions and opportunities and she will not be subject of discrimination because of her sex.

Women and men shall receive equal wages when performing equal functions.
Employers will adopt special measures in order to provide jobs to men and women diversely able.
The job offers shall be drafted on the qualifications needed for the job without considerations to the sex of the applicant.
The training courses shall offer equal opportunities of access to both men and women.
The national registry of employment shall be dis-aggregated by sex.
Labour Code Fundamental Principles (XIII), §138
Law of Equality of Rights and Opportunities. §19.2.3.4.5.6.7

Prohibition of pregnancy testing

The requirements and selection criteria of human resources shall take into account the equality of opportunities between men and women without discrimination. It is strictly forbidden the pregnancy tests in order to apply for a job.
Law of Equality of Rights and Opportunities. §19.3

Protection from discriminatory dismissal

Women workers who are pregnant or on pre- or post-natal leave may not be dismissed, except for the valid reasons previously laid down by the Ministry of Labour.
Labour Code §144

Burden of proof

There are not express legal provisions on the burden of proof in case of dismissal of a pregnant women or a female worker in maternity leave.
Labour Code

Guaranteed right to return to work

Women workers who are pregnant or on pre- or post-natal leave may not be dismissed, except for the valid reasons previously laid down by the Ministry of Labour. After maternity leave, the employer must transfer the worker back to her previous post with the salary in force.
Labour Code §140, 144

Results generated on: 21st September 2014 at 08:06:17.
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