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Nepal - Maternity protection - 2011


LAST UPDATE

3 May 2011

Data quantity

NORMAL

SOURCES


Name of Act

Labour Rules 2050 1993, published in the Nepal Gazette 2050.7.23 (8 November 1993) and by the Nepal Law Commission

Name of Act

Labour Act, dated 15 May 1992, Nepal Recorder, 12 June 1992, Vol. 16, No. 19, pp.220253 as amended by Labour (First Amendment) Act 1998, dated 28 January 1998, Nepal Recorder and by Labour (Second Amendment) Ordinance 2006, dated March 9, 2006

Name of Act

Civil Service Act 2049 (1993), authenticated and published on 2050.2.4 (17 May 1993) and incorporating amendments up to Civil Service (Second Amendment) Act, 2064 (2007), as published by the Law Commission of Nepal (www.lawcommission.gov.np) and accessed 3 May 2011
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Name of Act

Civil Service Rules 2050 (1993), first published 2050.3.28 (12 July 1993) and incorporating amendments up to Civil Service (Eighth Amendment) Rules, 2067 (2010), as published by the Law Commission of Nepal (www.lawcommission.gov.np) and accessed 3 May 2011
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Other source used

Social Security Programs Throughout the World - Asia and the Pacific 2010 - Nepal, published March 2011 by Social Security Administration

MATERNITY LEAVE

Female employees are entitled to maternity leave.
Labour Rules 1993 §34
Civil Service Rules 1993 §59

Scope

All pregnant female employees are entitled to maternity leave.
Labour Rules 1993 §34
Civil Service Rules 1993 §59(1)
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Qualifying conditions

There are no qualifying conditions placed on the entitlement to maternity leave for the first 2 pregnancies in any period of serivce. An employee will be entitled to further periods of maternity leave under the Labour Rules 1993 if her first 2 children have died.
Labour Rules 1993 §34
Civil Service Rules 1993 §59(3)

Duration

Pregnant female employees are entitled to maternity leave for a period of 52 days for pre- and post-delivery under the Labour Rules 1993. Civil service employees are entitled to 60 days for pre- and post-delivery maternity leave.
Labour Rules 1993 §34
Civil Service Rules 1993 §59

Compulsory leave

No compulsory leave provisions identified.

General total duration

52 days
Labour Rules 1993 §34
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Historical data (year indicates year of data collection)
  • 2009: 52 days (for up to two births)
  • 2004: Fifty-two days
  • 1998: Fifty-two days
  • 1994: Fifty-two days

Extension

No provision for extension of maternity leave identified, except in relation to maternity leave taken under the Civil Service Rules 1993, which allows a female civil service employee to extend a period of maternity leave by up to 6 months.
Civil Service Rules 1993 §59(1a)

Leave in case of illness or complications

No provision for leave specific to cases of pregnancy-related illness or complications identified. However, an employee with at least one continuous year’s service in an enterprise shall be entitled to up to 15 days’ sick leave per annum in the event of certified illness. Also, any permanent worker or employee who does not have accrued leave entitlements may seek a period of special leave of up to 6 months.

All civil service employees are entitled to 12 days’ paid sick leave per year, with the possibility to take sick leave in advance of the entitlement accruing.
Labour Rules 1993 §§31, 33
Civil Service Rules 1993 §58

RELATED TYPES OF LEAVE

No provision for paternity, parental or adoption leave identified, except for male civil service employees who are entitled to maternity care leave in the event their wife is pregnant.
Civil Service Rules 1993 §59A

Paternity leave

In cases where the wife of a male civil employee is to deliver a baby, such an employee shall be entitled to a maternity care leave of 15 days before and/or after delivery.
Civil Service Rules 1993 §59A(1)
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Scope

Only male civil service employees are entitled to maternity care leave.
Civil Service Rules 1993 §59A

Qualifying conditions

The employee must submit a birth certificate within 3 months of the birth to avoid having any maternity care leave taken deducted from other leave entitlements. Further, an employee will only be entitled to maternity care leave twice during a service period.
Civil Service Rules 1993 §59A(3), (4), (5)

Length

15 days
Civil Service Rules 1993 §59A(1)

RIGHT TO PART-TIME WORK

No provision for a right to part-time work identified.

CASH BENEFITS

Periods of maternity leave and maternity care leave are to be paid.
Labour Rules 1993 §34
Civil Service Rules 1993 §§59, 59A

Maternity leave benefits

Maternity leave is to be paid by the employer at an employee’s ordinary rate of pay.
Labour Rules 1993 §34
Civil Service Rules 1993 §59

Scope

The scope of the entitlement to cash benefits mirrors the entitlement to maternity leave.
Labour Rules 1993 §34
Civil Service Rules 1993 §59

Qualifying conditions

The qualifying conditions mirror those which apply to the maternity leave entitlement.
Labour Rules 1993 §34
Civil Service Rules 1993 §59

Duration

52 days for maternity leave under the Labour Rules 1993 and 60 days for maternity leave under the Civil Service Rules 1993.
Labour Rules 1993 §34
Civil Service Rules 1993 §59

Amount

Employees are to be paid an amount equivalent to their full pay.
Labour Rules 1993 §34
Civil Service Rules 1993 §59(3)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Payment is to be made by the employer.
Labour Rules 1993 §34
Civil Service Rules 1993 §59
Historical data (year indicates year of data collection)
  • 2009: Employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Paternity leave benefits

Male civil service employees who take maternity care leave are entitled to full salary.
Civil Service Rules 1993 §59A(2)

Scope

The scope mirrors that of the maternity care leave entitlement.
Civil Service Rules 1993 §59A

Qualifying conditions

The qualifying conditions mirror those of the maternity care leave entitlement.
Civil Service Rules 1993 §59A

Duration

15 days
Civil Service Rules 1993 §59A

Amount

Full salary
Civil Service Rules 1993 §59A(2)

Financing of benefits

Employer
Civil Service Rules 1993 §59A

MEDICAL BENEFITS

General, employer-funded medical benefits may apply.

Pre-natal, childbirth and post-natal care

No medical assistance specific to pre-natal, childbirth or post-natal care identified. However, civil service employees are entitled to annual medical expenses equivalent to between 12 and 21 months’ salary.

Proprietors of enterprises must establish a welfare fund which may be used to assist workers or employees in various ways. Further, private sector employers are obliged to arrange for Medical Treatment Centres in enterprises where 400 or more workers or employees work, and Health Centres in enterprises where 1,000 or more workers or employees work.
Social Security Programs Throughout the World - Asia and the Pacific 2010 - Nepal
Civil Service Rules 1993 §94
Labour Act 1992 §37
Labour Rules 1993 §§13, 14, 27(3), 27(4)

Financing of benefits

Employer
Civil Service Rules 1993 §94
Labour Rules 1993 §27

BREASTFEEDING

Breastfeeding workers and employees in enterprises with 50 or more workers or employees are entitled to time and a place to breastfeed.

Right to nursing breaks or daily reduction of hours of work

The female workers and employees shall be provided time, as necessitated, to feed their suckling babies.
Labour Act 1992 §42(3)

Nursing facilities

Where fifty or more female workers and employees are engaged in the work, the Proprietor of the Enterprise shall have to make provisions of a healthy room for the use of children of such female workers and employees.
Labour Act 1992 §42(1)

HEALTH PROTECTION

Breast-feeding facilities are to be provided in certain enterprises.
Labour Act 1992

Arrangement of working time

Females (whether or not pregnant or new mothers) may only be engaged in works normally from 6am until 6pm.
Labour Act 1992 §5(2)

Night work

Females (whether or not pregnant or new mothers) may only be engaged in works normally from 6am until 6pm, except in the prescribed conditions.
Labour Act 1992 §5(2)
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NON-DISCRIMINATION AND EMPLOYMENT SECURITY

No provisions establishing a right to non-discrimination on grounds of pregnancy or sex identified, except in relation to remuneration rates. No provision for employment security following the birth of a child identified.
Labour Rules 1993 §11

Results generated on: 20th December 2014 at 03:59:41.
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