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Rwanda - Maternity protection - 2011


LAST UPDATE

08 April 2011.
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SOURCES


Name of Act

Name of Act

Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave.

Name of Act

NATIONAL SOCIAL SECURITY POLICY

MATERNITY LEAVE


Scope

Every employed woman has the right to a maternity leave of twelve (12) consecutive weeks. This woman may decide to start benefiting from this leave two (2) weeks before the tentative date of delivery.
Labour Act §64(1)
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Duration


General total duration

Every employed woman has the right to a maternity leave of twelve (12) consecutive weeks. This woman may decide to start benefiting from this leave two (2) weeks before the tentative date of delivery.

A woman who delivers a still-born or whose infant of less than one month of age is dead shall benefit from a leave of four (4) weeks as of the day the event occured.
Labour Act §64
Historical data (year indicates year of data collection)
  • 2009: 12 weeks.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

A woman on maternity leave can extend the leave by an additional 6 months following medical certification of her inability to resume work.
NATIONAL SOCIAL SECURITY POLICY p.15

Leave in case of illness or complications

Should there be any complications due to delivery and which are ascertained by a recognized doctor, the employer shall grant to the woman a paid prolonged maternity leave in addition up to a maximum of one month in accordance with the provisions of Article 66 of this Law.

Likewise, in case of complications bound to delivery or congenital state and which are certified by a recognized doctor, the employer allows the woman to take a paid prolonged maternity leave of one month maximum, in order to protect the child’s health in conformity with Article 66 of this Law.
Labour Act §69

RELATED TYPES OF LEAVE


Paternity leave

Unless there are more favourable provisions agreed, the worker is entitled to the following family leaves, without loss of salary:

Mariage of the worker: 2 working days;
Birth of a child: 4 working days;
Death of the spouse: 6 working days;
Death of an ascedent or a direct descendent of first degree: 3 working days;
Death of a brother or a sister: 2 working days;
Death of the father-in-law or mother-in-law: 2 working days;
Death of a brother-in-law or a sister-in-law: 1 working day;
Moving away of the worker to another province or district: 2 working days.
Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave. §1
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Length

The paternity leave’s length is of 4 working days.
Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave. §1

CASH BENEFITS


Maternity leave benefits


Scope

Every employed woman has the right to a maternity leave of twelve (12) consecutive weeks. This woman may decide to start benefiting from this leave two (2) weeks before the tentative date of delivery.
Labour Act §64

Amount

The mother with no maternity insurance coverage shall, during the first six (6) weeks of her maternity leave, have the right to her entire salary. During the last six (6) weeks of her maternity leave, this mother may either resume service and receive her full salary or else, have the right to twenty per cent (20%) of her salary.
She shall also keep enjoying the right to other types of benefits.

During the maternity leave, a woman is entitled to receive 2/3 of
her usual salary.
Labour Act §66
NATIONAL SOCIAL SECURITY POLICY p.15
Historical data (year indicates year of data collection)
  • 2009: The mother with no maternity insurance coverage shall, during the first six weeks of her maternity leave, have the right to her entire salary. During the last six weeks of her maternity leave, this mother may either resume service and receive her full salary or else, have the right to twenty per cent of her salary.
  • 2004: Two-thirds
  • 1998: Two-thirds
  • 1994: Two-thirds

Financing of benefits

Employer pays maternity leave benefits a pay-as-you-go basis. The law states that the employer is required to fund maternity leave until the setting up of a maternity branch.

Maternity leave and leave for sickness are currently covered by the employers who continue to pay the salary of the concerned employees with no counterpart in production. The consequence is that in most cases employees are obliged to shorten their leave in order to not lose their jobs, and most of the employers in private sector will practice de facto discrimination against young women.
NATIONAL SOCIAL SECURITY POLICY p. 15, 19
Historical data (year indicates year of data collection)
  • 2009: Employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Paternity leave benefits

Unless there are more favourable provisions agreed, the worker is entitled to the following family leaves, without loss of salary:

Birth of a child: 4 working days;
Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave. §1

BREASTFEEDING

For a twelve month period starting from the day on which an infant is born, every employed woman is entitled to a rest period of one (1) hour per day, to allow her to breastfeed the child.

However, a mother who resumes service for the last six (6) weeks of her maternity leave shall have the right to a rest period of two (2) hours per day untill the time which is specified in the first paragraph of article 64, is expired.

The legal rest granted to mothers who breastfeed shall be deducted from the work time and shall be paid.
Labour Act §65

HEALTH PROTECTION


Dangerous or unhealthy work

Pregnant or breastfeeding woman shall not be employed in activities which may be harmfull to their lives or to those of their babies.

An order of the Minister in charge of Labour shall determine the nature of those works prohibited to pregnant or breastfeeding women.
Labour Act §74

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

It shall be forbidden to directly or indirectly subject a worker to gender based violence or moral harassment within the context of work.

It shall be forbidden to directly or indirectly make any discrimination aiming at denying the worker the right to equal opportunity or to the salary especially when the discrimination is based upon the following:
1. Race, color, or origin;
2. sex, marital status or family responsibilities;
3. religion, beliefs or political opinions;
4. social or economic conditions;
5. country of origin;
6. disability;
7. previous, current or future pregnancy;
8. any other type of discrimination.
Labour Act §9, 12

Guaranteed right to return to work

The employer shall not give to employed woman a notice of contract termination which is included in her maternity leave. At the end of maternity leave, the woman shall resume her work or be given another post with the same position and salary as she used to have before she was on maternity leave.
Labour Act §67

Results generated on: 02nd September 2014 at 08:49:38.
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