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Senegal - Maternity protection - 2011


LAST UPDATE

29 July 2011
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SOURCES


Name of Act

Labour Code of Senegal, Law No.97-17 of 1 December 1997, Journal officiel, 1997-12-13, No. 5776, pp. 504-537, as amended up to Law No.2003-23 of 2003.
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Name of Act

Social Security Code, Act No. 73-37, dated 31 July 1973 (Journal Officiel, Extraordinary, 1973-08-04, n° 4308, pp.1565-1578), as amended up to Act N° 97-05, dated 10 March 1997 (Journal officiel, 1997-05-03, no 5741, pp. 181-183).
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Name of Act

Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women, dated 19 July 1954 (Journal Officiel, N° 2722, 31 July 1954, p. 1337).

Name of Act

Law No. 2001-03 of 22 January 2001 issuing the Constitution of Senegal.

Name of Act

Decree No. 2008-1047 of 15 September 2008 issuing the creation of the National Observatory of Women’s Rights and fixing its organization and operational rules.

MATERNITY LEAVE


Scope

All female workers working in Senegal, independently of the nationality, are entitled to enjoy maternity leave under the provisions of the Labour Code. Civil Servants are covered by specific regulations and therefore excluded from the scope of the Labour Code.
Labour Code Art.L.2

Duration


Compulsory leave

After delivery the worker shall enjoy minimum 8 weeks of rest.
Labour Code Art.L.143

General total duration

All female workers are entitled to temporary suspend their contracts in the case of pregnancy, and to enjoy 14 consecutives weeks of rest of which 8 shall be taken after delivery.
Labour Code Art.L.143
Historical data (year indicates year of data collection)
  • 2009: 14 weeks (6 weeks before and 8 weeks after the delivery).
  • 2004: Fourteen weeks
  • 1998: Fourteen weeks
  • 1994: Fourteen weeks

Leave in case of illness or complications

In addition to the 14 weeks of maternity leave, female workers may have 3 weeks of extra leave based on a certified illness arising from the pregnancy or complications in the confinement.
Labour Code Art.L.143

RELATED TYPES OF LEAVE


Parental leave

No relevant provisions on parental leave have been identified.
Nonetheless, during the 15 months period of nursing, the legislation states the right of the worker to stop working without given notice and without having to pay the employer any indemnization for the termination of the contract. No provisions identified related to the right of returning to her post.
Labour Code Art.L.144

Adoption leave

Relevant provisions on adoption leave have not been identified. However, the Social Security Code states the right of the worker to enjoy cash benefits for the adoption of a child. No references to if this benefits are enjoyable with leave.
Social Security Code Art.7.2

RIGHT TO PART-TIME WORK

Relevant provisions on right to part-time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

In Senegal various types of cash benefits are provided before and after childbirth (prenatal allowances, maternity benefits and daily benefits for salaried workers when they stop working for given birth). These provisions apply to all paid workers included in the scope of the Labour Code or the Merchant Shipping Code except those who enjoys a more favourable regime or who have their regular residence outside from Senegal.
Social Security Code Art.1,3,4,8

Qualifying conditions

In general, to be entitled to family allowances, the worker (male or female) should have completed 3 consecutive months of gainful activity with a minimum of 18 days or 120 hours of employment in each month. This period of employment may be accumulated over 2 or 3 months in occupations and jobs normally involving intermittent or irregular hours of work.

Nevertheless each kind of benefit requires different qualifying conditions:

For prenatal allowances, it is necessary for women to be in one of these three situations during pregnancy: 1) Nonemployed but married to an insured employee, 2) unmarried employed or 3) married employed whose husband is not in paid employment. In addition, women must undergo medical examinations 3 times during pregnancy: before the 3rd, the 6th and the 8th month. The payment of prenatal benefits is conditioned to the presentation of a pregnancy certificate to the Social Security Fund and women receive their allowances in 3 payments: one equivalent to 2 months before the 3rd month of pregnancy, another equivalent to 4 months in the 6th month of pregnancy and the last one, equivalent to 3 months in the 8th month of pregnancy.

To get maternity allowances (from the birth until the child reaches the age of 2 years), women should also be: 1) Nonemployed but married to an insured employee, 2) unmarried employed or 3) married employed whose husband is not in paid employment. To be entitled to these benefits, women shall present to the Social Security Fund a birth certificate of their child and a maternity certificate which states that the child has undergone periodical visits. Women receive their allowances in five payments: one equivalent to 6 months when the child is 6 months old, another equivalent to 6 months when the child is 12 months old, another equivalent to 3 months when the child is 18 months old and the last one equivalent to 3 months when the child is 24 months old.

To get daily benefits, women shall be employed. Payment is conditioned to the presentation of the proof of the quality of wage-earning, a certificate of pregnancy, the effective suspension of the professional activity and a receipt of payment of the month previous to the suspension of the work. Benefits are paid per period of 30 days or at the end of the leave.
Social Security Code Art.8,15,16,17,18,19,20,24,25 and 28

Duration

Benefits are paid during the whole period of pregnancy up to the child`s second birthday.
Social Security Code Art.17, 20 and 27

Amount

Daily benefits for salaried workers are paid for the 14 weeks of maternity leave at 100 per cent of the daily wage received on the last pay day, including allowances directly related to the nature of work.
During the remaining period, benefits are paid at a flat rate.
Social Security Code Art.17, 20 and 27
Historical data (year indicates year of data collection)
  • 2009: Daily benefits for salaried workers are paid for the 14 weeks of maternity leave at 100 per cent of the daily wage received on the last pay day, including allowances directly related to the nature of work During the remaining period, benefits are paid at a flat rate.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Social Security Fund, which is financed by different sources; contributions from the natural or legal persons required by the law and the increments applicable, incomes of the State, grants, donations, legacies, and any other income due to under a special legislation or reglamentation.
Social Security Code Art.132
Historical data (year indicates year of data collection)
  • 2009: Social Security Fund
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

In case of multiple births, maternity benefits are paid for each child.
Social Security Code Art.20

Adoption leave benefits


Scope

Provisions provided for maternity benefits are also applicable for adoption.
Social Security Code Art.7

MEDICAL BENEFITS

Relevant provisions on medical benefits have not been identified.

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During a period of 15 months from the date of the delivery, female workers are entitled to rest not exceeding one hour per day, for breastfeeding their children.
Labour Code Art.L.144

HEALTH PROTECTION


Dangerous or unhealthy work


General

In general, the types of work on which pregnant women may not be employed are to be specified by decree. No pregnant women may be employed on any work which is beyond her strength, presenting causes of dangers or which, by their nature and the conditions under which they are carried out, are likely to injure their morals.
Labour Code Art.L.142
Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women Art.1

Particular risks


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

No woman may be required to carry, push or drag any load during the 3 weeks following the normal resumption of work after confinement. This ban also applies to pregnant women where the woman herself or the medical service has notified the employer of her pregnant condition.

Labour inspectors may require medical examinations in order to test if the work performed by the female worker, even if she is not pregnant, is excessive according to her physical condition.
Order N° 5254 IGTLS/AOF respecting the employment of women and pregnant women Art.20
Social Security Code Art.L.146

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Not to be discriminated on the grounds of sex is a constitutional right. Any discrimination between men and women regarding employment, salary and taxation shall be prohibited.

The National Observatory of Women’s Rights is a national autonomous organization which handles the promotion of women rights and monitors the compliance of the principle of non discrimination between men and women.
Constitution of Senegal Preamble, Art.25
Decree No. 2008-1047 Art.1,2,3

Protection from discriminatory dismissal

No employer can dismiss a female employee during the period of maternity leave.
Labour Code Art.143

Results generated on: 24th April 2014 at 09:15:23.
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