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)   

Seychelles - Maternity protection - 2011


LAST UPDATE

12 December 2011

Data quantity

NORMAL

SOURCES


Name of Act

Employment Act 1995 Act No.29, dated 28 February 1995 (Official Gazette, Supplement, 13 March 1995, p. 5-70), as amended up to Act No. 4, dated 25 April 2006 (Official Gazette, 2 May 2006, pp. 35-45).

Name of Act

Conditions of Employment Regulations 1991, Statutory Instrument No. 34, dated 24 April 1991 (Official Gazette, Supplement, 29 April 1991, pp. 115-136),as amended up to Statutory Instrument No. 9, 2006, dated 14 March 2006 (Official Gazette, Supplement, 20 March 2006).

Name of Act

Employment (Conditions of Employment) (Amendment) Regulations, 2007, dated 31 December 2007.
PDF not available.

Name of Act

Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987.

Name of Act

Social Security (Benefits) Regulations 1987, Statutory Instrument No. 92, dated 31 December 1987 (Official Gazette, Vol. 13, No. 1, Supplement, 1 January 1988, pp. 609-639), as amended up to the Social Security (Benefits) (Amendment) Regulations, 2007, dated 17 January 2007 (Official Gazette,Supplement, 21 January 2007; pp. 5-6).
PDF Not available.

Name of Act

Constitution of Seychelles

Name of Act

Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation.

Other source used

Employment Department Seychelles

Other source used

Ministry of Health Seychelles

Other source used

Other source used

MATERNITY LEAVE

"The State recognizes the unique status and natural maternal functions of women in society and undertakes as a result to take appropriate measures to ensure that a working mother is afforded special protection with regard to paid leave and her conditions at work during such reasonable period as provided by law before and after childbirth."
Constitution of Seychelles §30

Scope

Maternity protection under the Employment Act and Conditions of Work Regulations covers:
A female worker under a contract of continuous employment or, subject to sub regulations(3),under a contract for a fixed term or part-time.
(Female employees aged 15 years and above) including public servants.
Employment Act 1995 §2
Conditions of Employment Regulations 1991 §16(1)

Qualifying conditions

A woman worker is required to give notice to her employer at least three months before the expected date of confinement
Conditions of Employment Regulations 1991 §17

Duration


Compulsory leave

Fourteen weeks, twelve of which must be taken after confinement.
Conditions of Employment Regulations 1991 §18
Employment (Conditions of Employment) (Amendment) Regulations, 2007

General total duration

Fourteen weeks.
Employment (Conditions of Employment) (Amendment) Regulations, 2007 §16
Historical data (year indicates year of data collection)
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Extension

Not provided in case of multiple births.
Conditions of Employment Regulations 1991
Employment (Conditions of Employment) (Amendment) Regulations, 2007

Leave in case of illness or complications

Sick leave on medically certified illness resulting from pregnancy or confinement.
(An aggregate of 30 paid days in a year period and an aggregate of maximum 60 days unpaid sick leave after the exhaustion of paid sick leave))
Conditions of Employment Regulations 1991 §16(2),12
Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987. §8

RELATED TYPES OF LEAVE


Parental leave

Not provided.
Employment Act 1995
Conditions of Employment Regulations 1991

Paternity leave


Scope

The Employment Act applies to workers under a contract of continuous employment or, subject to sub regulations(3),under a contract for a fixed term or part-time.
(employees aged 15 years and above) including public servants.
Employment Act 1995

Qualifying conditions

Although there is not provided an statutory paternity leave, the compassionate leave does not have qualifying conditions to be entitled to.
Conditions of Employment Regulations 1991 §10.1

Length

The Seychelles does not have this type of leave but under the Employment Act and Conditions of Work Regulations, male employees in the private and public sectors are entitled to up to four days of paid leave for compassionate reasons (for the death of a close relative and not only). Leave taken in excess of four days within a 12-month period is unpaid. A worker must also be allowed reasonable time off work, with or without pay at the discretion of the employer, to attend matters which cannot normally be attended to except during the worker’s working hours.
Conditions of Employment Regulations 1991 §10

Adoption leave

Not provided.
Employment Act 1995
Conditions of Employment Regulations 1991

RIGHT TO PART-TIME WORK

Neither pregnant workers nor breastfeeding mothers are entitled to apply for part-time working hours.
Employment Act 1995
Conditions of Employment Regulations 1991

CASH BENEFITS


Maternity leave benefits


Scope

A person who is a citizen of seychelles and is resident is entitled to apply for benefits payable under this Act.
Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987. §3, 4,6

Qualifying conditions

A woman, being a person covered, shall be entitled to maternity benefit for a prescribed period if-
a. her confinement, or expected confinement, for childbirth is certified by a medical practitioner in a form approved by the Minister;
b. she was in employment, either as an employed person or self-employed person, immediately prior to the period of which she is claiming benefit; and
c. she is not entitled to any other benefit, other than survivor’s benefit.
Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987. §6

Duration

Maternity benefits are paid during the whole length of maternity leave.
Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987. §7

Amount

A flat monthly rate.
The percentage of wage is not stipulated in the Social Security Act of 2010.
Where a medical practitioner certifies in a form approved by the Minister that the person covered(maternity cash benefit) is incapable of work on account of her confinement, or expected confinement, for childbirth for more than the period prescribed under section 6, the person covered shall be entitled to sickness benefit under and in accordance with section 5 and thereafter to invalidity benefit under and in accordance with section 10.
Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987. §6,7
Conditions of Employment Regulations 1991 §16(1)
Historical data (year indicates year of data collection)
  • 2009: A flat monthly rate for twelve weeks
  • 2004: Flat rate for ten weeks
  • 1998: Flat rate for ten weeks
  • 1994: Flat rate for ten weeks

Financing of benefits

Social Security Fund.
Payments to be made into the Fund shall include-(a) all rents, interest on investments and other income derived from the assets of the Fund;(b) such sums as may be provided by the Government for the purposes of this Act or as may be received and accepted by the Director on behalf of the Fund.
Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987. §26(1)
Historical data (year indicates year of data collection)
  • 2009: Social Security Fund
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided.
Conditions of Employment Regulations 1991
Social Security (Benefits) Regulations 1987, Statutory Instrument No. 92, dated 31 December 1987 (Official Gazette, Vol. 13, No. 1, Supplement, 1 January 1988, pp. 609-639), as amended up to the Social Security (Benefits) (Amendment) Regulations, 2007, dated 17 January 2007 (Official Gazette,Supplement, 21 January 2007; pp. 5-6).
PDF Not available.

Paternity leave benefits

The Seychelles does not have this type of leave, but under the Employment Act and Conditions of Work Regulations, a worker in the private and public sectors is entitled to up to four days of paid leave for compassionate reasons (for the death of a close relative and not only). Leave taken in excess of four days within a 12-month period is unpaid.
Employment (Conditions of Employment) (Amendment) Regulations, 2007 §10

Qualifying conditions

There are not established qualifying conditions.
Employment (Conditions of Employment) (Amendment) Regulations, 2007 §10

Financing of benefits

The right is regulated by the Employment regulations, the compassionate leave up to four days seems to be payed as a regular working day.
Employment (Conditions of Employment) (Amendment) Regulations, 2007 §10.2

Adoption leave benefits

Not provided.
Conditions of Employment Regulations 1991
Social Security (Benefits) Regulations 1987, Statutory Instrument No. 92, dated 31 December 1987 (Official Gazette, Vol. 13, No. 1, Supplement, 1 January 1988, pp. 609-639), as amended up to the Social Security (Benefits) (Amendment) Regulations, 2007, dated 17 January 2007 (Official Gazette,Supplement, 21 January 2007; pp. 5-6).
PDF Not available.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The only provision found in the Labour Code on this matter stipulates that "where a worker on an outer island is ill and facilities for his treatment are not available on the island or where a female worker or wife or concubine of a worker is pregnant, the employer shall, at his expense, arrange for the repatriation of the sick worker or of the pregnant woman to Mahe or to a hospital or health centre where adequate care and treatment are available".

There are no medical benefits provided for circumstances such as pre-natal, childbirth and post-natal care benefits for female workers in the Social Security Act, and it was not possible to access to the Social Security Act regulations in order to confirm whether or not female workers or pregnant wives or pregnant partners of male workers are entitled to any medical benefit.

The Ministry of Health of Seychelles through its official website does not mention any medical benefit for women during pregnancy, childbirth and the post-natal period. Nonetheless, the official website of the Government of the Republic of Seychelles inform the following:
Any resident of Seychelles may use the maternity care services offered.
You need to go to your respective health centre.

Employment (Conditions of Employment) (Amendment) Regulations, 2007 §35.2
Act No. 11 of 5th July 2010 Supplement to Official Gazette 93
SOCIAL SECURITY ACT, 2010.
This Act repeal and replace the Social Security Act,1987.
Government of Seychelles.

Financing of benefits

According to the official website of the Government of Seychelles:
For citizens or residents of Seychelles who are government employees, the service is free.
For non-citizen residents who are employed in the private sector have to pay for the service. The price depend on the extent at which the service is used.
There is not further information available on this subject.
Government of Seychelles.

HEALTH PROTECTION


Arrangement of working time


Night work

From her sixth month of pregnancy and up to three months after her confinement, a female worker may not be employed at night between the hours of 22:00 and 5:00.
Conditions of Employment Regulations 1991 §23(1)

Overtime

From her sixth month of pregnancy and up to three months after her confinement, a female worker may not be employed on overtime work.
Conditions of Employment Regulations 1991 §23(1)

Work on rest days

It is not forbidden neither for pregnant workers nor for breastfeeding mothers. Nonetheless, is also established, that an employer shall grant to his/her workers at least 24 consecutive hour’s rest in any period of 7 days.

Except in an essential service, an employer shall not require a worker, other than a shift-worker or a watchman, to work on holidays. Nevertheless, is also established in a posterior legal provision in the same regulations, that nothing in the preceding provisions shall be construed as preventing an employer who requires any worker to work on a holiday from agreeing to allow double pay for that day or an alternative holiday at the worker’s option.
Employment Act 1995
Conditions of Employment Regulations 1991 §4,5.4

Time off for medical examinations

Not provided expressly neither for pregnant workers nor working mothers. Even-though, it has been stipulated that a worker shall also be allowed reasonable time off work, with or without pay at the discretion of the employer, to attend to matters which cannot normally be attended to except during the worker’s working hours.
Employment Act 1995
Conditions of Employment Regulations 1991 §10.3

Leave in case of sickness of the child

Not provided.
Employment Act 1995
Conditions of Employment Regulations 1991

Dangerous or unhealthy work


Risk assessment


» Assessment of workplace risks

There are not special measures enacted on the assessment of working places in order to protect health and safety neither of pregnant workers nor of breastfeeding mothers. However, it has been established a general duty in the head of every employer to ensure, the health, safety and welfare at work of all his employees and to conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation. §3,4

» Adaptation of conditions of work

There are not special measures provided to protect health and safety neither of pregnant workers nor of breastfeeding mothers. However, it has been established a general duty in the head of every employer to ensure, the health, safety and welfare at work of all his employees.
Among the duties are: the arrangement for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances, the provision and maintenance of a working environment for his employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation. §4.b

» Transfer to another post

At any time during pregnancy and up to three months after confinement, if a female worker produces a medical certificate stating that a change in the nature of her work or duties is necessary in the interest of her health or that of her child, she has the right to be transferred to other work or duties appropriate to her condition without loss of wages.
Conditions of Employment Regulations 1991 §23(2) and (3)

» Paid/unpaid leave

Where a transfer is not possible, the female worker is entitled to sick leave(paid).
Conditions of Employment Regulations 1991 §23.3

» Right to return

It is not expressly provided the right of a female worker to return to the same job she was performing before taking her sickness leave during pregnancy if the transfer to other job was not possible and/or after returning from her maternity leave.
Employment Act 1995
Conditions of Employment Regulations 1991

Particular risks

Not mentioned.
Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation.
Employment Act 1995
Conditions of Employment Regulations 1991

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

Not mentioned.
Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation.

» Work involving exposure to biological, chemical or physical agents

Not mentioned.
Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation.

» Working requiring special equilibrium

Not mentioned.
Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation.

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

Not mentioned.
Occupational Safety and Health Decree Chapter 151 191 and Subsidiary legislation.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

There are not special measures adopted in favor of women, pregnant workers and/or working mothers in this sense.
There is a Constitutional right in favor of all persons: "Right to equal protection of the law (1)Every person has a right to equal protection of the law including the enjoyment of the rights and freedoms set out in this Charter without discrimination on any ground except as is necessary in a democratic society. (2) Clause (1) shall not preclude any law, programme or activity which has as its object the amelioration of the conditions of disadvantaged persons or groups".
Constitution of Seychelles §27

Prohibition of pregnancy testing

Not prohibited.
Employment Act 1995
Conditions of Employment Regulations 1991

Protection from discriminatory dismissal

Notice of termination shall not be given to a worker while that worker is on sick leave or pregnant or on maternity leave unless the competent officer so authorizes.
Employment Act 1995 §57.3

Burden of proof

It is not established a burden of proof in employer’s head in case of discriminatory dismissal of a pregnant worker or of a worker on maternity leave.
Employment Act 1995
Conditions of Employment Regulations 1991

Guaranteed right to return to work

It is not provided.
Employment Act 1995
Conditions of Employment Regulations 1991

Results generated on: 31st October 2014 at 17:32:12.
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.