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San Marino - Maternity protection - 2011


LAST UPDATE

22 November 2011

SOURCES


Name of Act

Law No.42 of 22 December 1955 fixing the compulsory affiliation to the Social Security Scheme.(Legge No.42, 22 Dicembre 1955 di Riordinamento della legge No.10 /1950, che instituisce un sistema obbligatorio di sicurezza sociale).

Name of Act

Law No.30 of 7 June 1977 fixing the modifications to the provisions related to the temporal incapacity to work (Legge No.30, 7 giugno 1977 che apporta modifiche alle disposizioni che regolano la erogazione della indennità temporanea al lavoro).

Name of Act

Declaration of the Citizens’ Rights and Fundamental Principles of San Marino (Dichiarazione dei diritti dei cittadini e dei principi fondamentali dell’ordinamento sammarinese. Testo coordinato della Legge 8 luglio 1974, n.59, con le modifiche derivanti dalle Leggi 19 settembre 2000, n.95 e 26 febbraio 2002, n.36)

Name of Act

Act No.7 respecting the protection of labour and of workers (Legge per la tutela del lavoro e dei lavoratori), of 17 February 1961.

Name of Act

Law No.40 of 25 May 1981 fixing the equality men and women at work (Legge No.40, 25 maggio 1981 di parità tra uomo e donna in materia di lavoro).

Other source used

Social Security Programs Throughout the World: Europe, San Marino, 2010.

MATERNITY LEAVE


Scope

Relevant provisions have been not identified. However it seems that the scope of application is all citizens in San Marino.

Qualifying conditions

Relevant provisions have been not identified.

Duration


Compulsory leave

It is expressly forbidden for female workers to perform work before the 60 days from the date of confinement.
Law No.30 of 7 June 1977 Art.4

General total duration

Female workers are entitled to enjoy a leave of 150 days; 3 months before confinement and 2 months after, time during which the performance of work is not permitted.
Law No.42 of 22 December 1955 Art.21
Act No.7 respecting the protection of labour and of workers Art.23
Historical data (year indicates year of data collection)
  • 2009: 5 months
  • 2004: Five months
  • 1998: n.a.
  • 1994: n.a.

Extension

If the birth arises after the expected date, the worker shall enjoy an extension of the prenatal leave without pay, and start enjoying the period of 2 months paid postnatal leave from the date of confinement.
Law No.42 of 22 December 1955 Art.21

Leave in case of illness or complications

In case the worker is temporarily unable to perform work, she shall be entitled to enjoy a leave with pay when the reason is extended more than 3 days and up to maximum 180 days in the same year.

The worker is entitled to enjoy daily benefits as long as she qualifies with the requirements for the enjoyment of such benefits, that is the provision of a medical certificate. To this respect, in order to receive the compensation the worker shall undergo medical examinations at least once a week.
Law No.42 of 22 December 1955 Art.20,21

RELATED TYPES OF LEAVE


Parental leave

After confinement, female workers are entitled to enjoy an unpaid leave of 5 months within the first year of the child, and she shall be guaranteed to return to work after such leave.

The right to be absent from work may be applied to the father alternatively to the mother. In that case the worker shall present to his employer a declaration stating the renounced by the partner to the enjoyment of this right. This provision shall not cover home workers, domestic workers and family.
Law No.40 of 25 May 1981 Art.4, 5

Scope

Expressly provisions on the scope of parental leave have been not identified. However, it seems that apply to all female workers.
Law No.40 of 25 May 1981 Art.4, 5

Qualifying conditions

Relevant provisions have been not identified.

Length

The length of parental leave is 5 months within the first year of the child.
Law No.40 of 25 May 1981 Art.4

Adoption leave

Workers are entitled to enjoy an unpaid adoption leave of 5 months, and to be guaranteed to return to work after such leave.
Law No.40 of 25 May 1981 Art.6

Scope

Relevant provisions have been not identified.

Qualifying conditions

Relevant provisions have been not identified.

Length

The length of adoption leave is 5 months within the first year of the child.
Law No.40 of 25 May 1981 Art.4, 6

RIGHT TO PART-TIME WORK

Relevant provisions have been not identified.

CASH BENEFITS


Maternity leave benefits


Scope

All the citizens are entitled to enjoy the benefits of the Social Security.
Declaration of the Citizens’ Rights and Fundamental Principles of Art.9

Qualifying conditions

No qualifying period identified.
In order to be entitled to enjoy maternity benefits, the worker must be employed at the moment of commencement of the benefit or unemployed but registered in the employment office at least in the last 6 months.
Law No.42 of 22 December 1955 Art.21

Duration

Maternity benefits shall be paid from the first day and for the total duration of the maternity leave, that is 5 months. (3 months pre- and 2 months postnatal leave).

If the birth arises after the expected date, the worker shall enjoy an extension of the prenatal leave without pay, and start enjoying the period of 2 months paid postnatal leave from the date of confinement.
Law No.42 of 22 December 1955 Art.21

Amount

Workers are entitled to enjoy the 100% of their salary during the prenatal and postnatal leave.(5 months).
Law No.30 of 7 June 1977 Art.2
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

Social security which is financed by the contributions of employers, workers and by the State.
Law No.42 of 22 December 1955 Art.14
Act No.7 respecting the protection of labour and of workers Art.38
Historical data (year indicates year of data collection)
  • 2009: Social security
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Alternative provisions

In case the worker is temporarily unable to perform work, she shall be entitled to enjoy a leave with pay when the reason is extended more than 3 days and up to maximum 180 days in the same year.

The worker is entitled to enjoy daily benefits as long as she qualifies with the requirements for the enjoyment of such benefits, that is the provision of a medical certificate. To this respect, in order to receive the compensation the worker shall undergo medical examinations at least once a week.
Law No.42 of 22 December 1955 Art.41,42

Parental leave benefits

Relevant provisions have been not identified.

Paternity leave benefits

Relevant provisions have been not identified.

Adoption leave benefits

Relevant provisions have been not identified.

MEDICAL BENEFITS

All the citizens affiliated to the Social Security System of San Marino whatever its age, sex, condition, activity or income, are entitled to enjoy medical benefits. Foreigners with a residence permit of at least one year are also entitled to these benefits.
Law No.42 of 22 December 1955 Art.4

Financing of benefits

Social security which is financed by the contributions of the affiliated and by the State.
Law No.42 of 22 December 1955 Art.14

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A female worker who returns to work after maternity leave is entitled, in the two following months, to absence from work 2 hours per day which shall be paid and subject to be split in various terms.

After the second month and until the child reaches the age of one year, the female worker is also entitled to leave two hours per day without pay.
Law No.40 of 25 May 1981 Art.4

Remuneration of nursing breaks

Nursing breaks are remunerated up to the second month, and not remunerated from the second month until the child reaches the age of one year.
Law No.40 of 25 May 1981 Art.4

Transfer to another post

Relevant provisions have been not identified.

Nursing facilities

Relevant provisions have been not identified.

HEALTH PROTECTION


Arrangement of working time


Night work

Female workers shall not perform night work from the beginning of the pregnancy until the child reaches the seventh month of age.

The working conditions of night work is regulated by collective agreements.
Law No.40 of 25 May 1981 Art.3

Overtime

Relevant provisions have been not identified.

Work on rest days

Relevant provisions have been not identified.

Time off for medical examinations

Relevant provisions have been not identified.

Leave in case of sickness of the child

Relevant provisions have been not identified.

Dangerous or unhealthy work

Relevant provisions have been not identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

All the citizens are equal before the Law and enjoy the same rights, without distinction of sex. To this respect the enjoyment of equal remunerations between men and women is a fundamental right in San Marino.

Any discrimination based on sex, with regard to access to employment, at all levels of the working hierarchy is prohibited.
Declaration of the Citizens’ Rights and Fundamental Principles of Art.4, 9
Law No.40 of 25 May 1981 Art.1

Prohibition of pregnancy testing

Relevant provisions have been not identified.

Protection from discriminatory dismissal

Relevant provisions have been not identified.

Burden of proof

Relevant provisions have been not identified.

Guaranteed right to return to work

Relevant provisions have been not identified.

Results generated on: 30th August 2014 at 12:12:58.
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