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Tanzania, United Republic of - Maternity protection - 2011


LAST UPDATE

15 December 2011

SOURCES


Name of Act

Employment and Labour Relations Act 2004, Act 6 of 2004, dated 4 June 2004. Published by the Parliament of Tanzania at http://www.parliament.go.tz/Polis/PAMS/Docs/6-2004.pdf and accessed 14 December 2011.

Name of Act

National Social Security Fund Act, Act. No. 28 of 1997, the United Republic of Tanzania Acts Supplement to the Gazette of the URT No.5, Vol.79, dated 30th January, 1998. No. 1. Published by the Parliament of Tanzania at http://www.parliament.go.tz/Polis/PAMS/Docs/28-1997.pdf and accessed 15 December 2011.

Name of Act

Community Health Fund Act 2001, Act No. 1 of 2001, dated 7 February 2001. Published by the Parliament of Tanzania at http://www.parliament.go.tz/Polis/PAMS/Docs/1-2001.pdf and accessed 15 December 2011.

MATERNITY LEAVE


Scope

The maternity leave provisions of the Employment and Labour Relations Act apply to all employees employed in Mainland Tanzania, including those in the public service of the Government of Tanzania, but shall not apply to members, whether temporary or permanent, in the service of:
(i) the Tanzania Peoples Defence Forces;
(ii) the Police Force;
(iii) the Prisons Service; or
(iv) the National Service.
Employment and Labour Relations Act 2004 §2(1)

Qualifying conditions

To qualify for maternity leave, an employee must:
(1) give notice of intention to take maternity leave at least three months before the expected date of birth, supported by a medical certificate;
(2) unless employed on a seasonal basis, have worked for more than 6 months (in total) for the same employer; and
(3) not have taken a similar leave within the leave cycle (defined for the purposes of maternity leave as a 36 month period commencing on the anniversary of the employee’s employment).
Employment and Labour Relations Act 2004 §§29, 30(b)(ii), 33(1)

Duration


Compulsory leave

No employee shall work within six weeks after childbirth, unless a medical practitioner certifies that the employee is fit to work.
Employment and Labour Relations Act 2004 §33(3)

General total duration

An employee shall be entitled 84 days maternity leave. Typically, maternity leave is to commence at any time from 4 weeks before the expected date of confinement and end no earlier than 6 weeks after the actual date of confinement.
Employment and Labour Relations Act 2004 §33(2), (3), (6)
Historical data (year indicates year of data collection)
  • 2009: 84 days. An employee may commence maternity leave at any time from four weeks before the expected date of confinement.
  • 2004: Eighty-four days
  • 1998: Eighty-four days
  • 1994: Eighty-four days

Extension

An employee is entitled to 100 days’ maternity leave if the employee gives birth to more than one child at the same time.
Employment and Labour Relations Act 2004 §33(6)(b)

Leave in case of illness or complications

An employee may commence maternity leave before the normal starting date if a medical practitioner certifies that it is necessary for the employee’s health or that of her unborn child.
Employment and Labour Relations Act 2004 §33(6)

RELATED TYPES OF LEAVE


Parental leave

No provisions establishing a right to parental leave identified.

Paternity leave


Scope

The paternity leave provisions of the Employment and Labour Relations Act apply to all employees employed in Mainland Tanzania, including those in the public service of the Government of Tanzania, but shall not apply to members, whether temporary or permanent, in the service of:
(i) the Tanzania Peoples Defence Forces;
(ii) the Police Force;
(iii) the Prisons Service; or
(iv) the National Service.
Employment and Labour Relations Act 2004 §2(1)

Qualifying conditions

To qualify for paternity leave, an employee must:
(1) be the father of the child;
(2) take the leave within 7 days of the birth of a child;
(3) unless employed on a seasonal basis, have worked for more than 6 months (in total) for the same employer; and
(4) not have taken a similar leave within the leave cycle (defined for the purposes of maternity leave as a 36 month period commencing on the anniversary of the employee’s employment).
Employment and Labour Relations Act 2004 §§29, 30(b)(ii), 34(1)(a)

Length

The paternity leave entitlement is to a period of 3 days’ leave in any leave cycle (36 months). The statutory entitlement does not increase according to the number of children that are born within the leave cycle.
Employment and Labour Relations Act 2004 §§30(b)(ii), 34(1), 34(2)(a)

Adoption leave

No provisions establishing a right to adoption leave identified.

RIGHT TO PART-TIME WORK


General provisions

No relevant provisions identified.

CASH BENEFITS


Maternity leave benefits


Scope

The maternity leave provisions of the Employment and Labour Relations Act apply to all employees employed in Mainland Tanzania, including those in the public service of the Government of Tanzania, but shall not apply to members, whether temporary or permanent, in the service of:
(i) the Tanzania Peoples Defence Forces;
(ii) the Police Force;
(iii) the Prisons Service; or
(iv) the National Service.
Employment and Labour Relations Act 2004 §2(1)

Qualifying conditions

To qualify for paid maternity leave under the Employment and Labour Relations Act, an employee must:
(1) give notice of intention to take maternity leave at least three months before the expected date of birth, supported by a medical certificate;
(2) have worked for more than 6 months (in total) for the same employer, unless employed on a seasonal basis;
(3) not have taken a similar leave within the leave cycle (defined for the purposes of maternity leave as a 36 month period commencing on the anniversary of the employee’s employment), unless her last child died within 12 months of childbirth; and
(4) not have taken maternity leave for four terms under the same employer.
Employment and Labour Relations Act 2004 §§29, 30(b)(ii), 33(1), 33(8)

Duration

An employee shall be entitled, within any leave cycle, to at least:
(a) 84 days paid maternity leave; or
(b) 100 days paid maternity leave if the employee gives birth to more than one child at the same time.
Employment and Labour Relations Act 2004 §33(6)

Amount

Maternity leave shall be paid at a rate calculated on an employee’s basic wage.

Basic wage means that part of an employee’s remuneration paid in respect of work done during the hours ordinarily worked but does not include:
(a) allowances, whether or not based on the employee’s basic wage;
(b) pay for overtime;
(c) additional pay for work on a Sunday or a public holiday; or
(d) additional pay for night work.
Employment and Labour Relations Act 2004 §§4, 30(c), 33(6)
Historical data (year indicates year of data collection)
  • 2009: Cash benefit at the rate of 100 percent of the average daily earnings.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Maternity leave benefits under the Employment and Labour Relations Act shall be paid by the employer.
Employment and Labour Relations Act 2004 §33
Historical data (year indicates year of data collection)
  • 2009: The National Social Security Fund
  • 2004: Social security & employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

Maternity benefits equal to 100% of the employee’s average daily earnings shall be payable for a period of 12 weeks under the National Social Security Fund Act:
(a) to an insured person who has made at least 36 monthly contributions, of which 12 contributions are made in the 36 months prior to date of confinement; and
(b) upon the receipt by the Director General of a medical certificate from an accredited medical provider, certifying that the woman expects delivery of a child; provided
(c) three years have passed since the day when the last payment was made to the insured person (unless the child dies within a period of twelve months.

A maternity benefit shall be payable for one month only to an insured person in the case of still-birth.

Employers who are registered with the National Social Security Fund are exempted from the maternity benefit requirements under the Employment Ordinance. Further, no insured person shall be entitled at anytime to more than one benefit, and if he qualifies for more benefits than one at the same time he shall be paid one of them which is the highest.
National Social Security Fund Act 1997 §§44, 45, 46, 47

Parental leave benefits

No entitlement to parental leave benefits identified.

Paternity leave benefits


Scope

The maternity leave provisions of the Employment and Labour Relations Act apply to all employees employed in Mainland Tanzania, including those in the public service of the Government of Tanzania, but shall not apply to members, whether temporary or permanent, in the service of:
(i) the Tanzania Peoples Defence Forces;
(ii) the Police Force;
(iii) the Prisons Service; or
(iv) the National Service.
Employment and Labour Relations Act 2004 §2(1)

Qualifying conditions

To qualify for paternity leave, an employee must:
(1) be the father of the child;
(2) take the leave within 7 days of the birth of a child;
(3) unless employed on a seasonal basis, have worked for more than 6 months (in total) for the same employer;
(4) not have taken a similar leave within the leave cycle (defined for the purposes of maternity leave as a 36 month period commencing on the anniversary of the employee’s employment); and
(5) if required by his employer, provide reasonable proof of the birth of the child.
Employment and Labour Relations Act 2004 §34(1)(a), (2)

Duration

Three days in any one leave cycle (defined for the purposes of maternity leave as a 36 month period commencing on the anniversary of the employee’s employment).
Employment and Labour Relations Act 2004 §§30(b)(ii), 34(1), 34(3)(a)
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Amount

Maternity leave shall be paid at a rate calculated on an employee’s basic wage.

Basic wage means that part of an employee’s remuneration paid in respect of work done during the hours ordinarily worked but does not include:
(a) allowances, whether or not based on the employee’s basic wage;
(b) pay for overtime;
(c) additional pay for work on a Sunday or a public holiday; or
(d) additional pay for night work.
Employment and Labour Relations Act 2004 §§4, 30(c), 33(6
Employment and Labour Relations Act 2004 §§4, 30(c), 34(1)

Financing of benefits

Paternity leave benefits under the Employment and Labour Relations Act shall be paid by the employer.
Employment and Labour Relations Act 2004 §34

Adoption leave benefits

No entitlement to parental leave benefits identified.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Medical care during pre-natal and post-natal period by an accredited medical practitioner or midwife are to be provided under the National Social Security Fund Act:
(a) to an insured person who has made at least 36 monthly contributions, of which 12 contributions are made in the 36 months prior to date of confinement; and
(b) upon the receipt by the Director General of a medical certificate from an accredited medical provider, certifying that the woman expects delivery of a child; provided
(c) three years have passed since the day when the last payment was made to the insured person (unless the child dies within a period of twelve months.

See also the Community Health Fund Act, which entitles every contributing member’s household to medical services of its choice which have been pre-paid for at a preselected health care facility within the respective district.
National Social Security Fund Act 1997 §§45, 46
Community Health Fund Act 2001 §§4, 5, 9

Financing of benefits

The medical benefits shall be financed by the National Social Security Fund, which shall constitute of:
(a) the combined contributions of eligible employers and the insured persons paid into the Fund at the rates set out in the First schedule;
(b) the existing funds and assets transferred to the Fund at the time of the Fund’s creation;
(c) income and capital appreciation derived from the holding of that assets of the Fund in any form; and
(d) such other sums or assets as may accrue or be granted to the Fund.
National Social Security Fund Act 1997 §5(2)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Where an employee is breast-feeding a child, the employer shall allow the employee to feed the child during working hours up to a maximum of two hours per day.
Employment and Labour Relations Act 2004 §33(10)

Remuneration of nursing breaks

No relevant provisions identified.

Transfer to another post

No relevant provisions identified.

Nursing facilities

No relevant provisions identified.

HEALTH PROTECTION


Arrangement of working time


Night work

It is prohibited for an employer to require or permit:
(a) pregnant employees to work bewteen 8pm and 6am -
(i) two months before the expected date of confinement; or
(ii) before that date if the employee produces a medical certificate that she is no longer fit to perform night work;
(b) mothers to work between 8pm and 6am -
(i) for a period of 2 months after the date of birth;
(ii) before that date if the mother requests to work and produces a medical certificate that her and the baby’s health shall not be endangered;
(iii) after that date if the mother produces a medical certificate that she is not yet fit to perform night work or that the baby’s health does not permit the employee to work night shift.
Employment and Labour Relations Act 2004 §20(1), (2)

Overtime

No relevant provisions identified.

Work on rest days

No relevant provisions identified.

Time off for medical examinations

No relevant provisions identified.

Leave in case of sickness of the child

An employee with more than 6 months’ service with an employer shall be entitled, in each leave cycle (defined for this purpose as a 36 month period commencing on the anniversary of the employee’s employment) to at least 4 days paid leave for the sickness or death of the employee’s child.
Employment and Labour Relations Act 2004 §§30(b)(ii), 34(1)(b)
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Other work arrangements

No relevant provisions identified.

Dangerous or unhealthy work


General

No employer shall require or permit a pregnant employee or an employee who is nursing a child to perform work that is hazardous to her health or the health of her child.
Employment and Labour Relations Act 2004 §33(5)

Risk assessment


» Assessment of workplace risks

No relevant provisions identified.

» Adaptation of conditions of work

No relevant provisions identified.

» Transfer to another post

Where an employee performs work that is hazardous to her health or that of her child, her employer shall offer her suitable alternative employment, if practicable, on terms and conditions that are no less favourable than her terms and conditions.
Employment and Labour Relations Act 2004 §33(9)

» Paid/unpaid leave

No relevant provisions identified.

» Right to return

No relevant provisions identified.

Particular risks


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

No relevant provisions identified.

» Work involving exposure to biological, chemical or physical agents

No relevant provisions identified.

» Working requiring special equilibrium

No relevant provisions identified.

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

No relevant provisions identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Every employer shall ensure that he promotes an equal opportunity in employment and strives to eliminate discrimination in any employment policy or practice.

No employer shall discriminate, directly or indirectly, against an employee, in any employment policy or practice, on any of a number of prescribed grounds, including sex, gender, pregnancy and marital status or family responsibility.
Employment and Labour Relations Act 2004 §7(1), (4)

Prohibition of pregnancy testing

No relevant provisions identified.

Protection from discriminatory dismissal

It is unlawful for an employer to terminate the employment of an employee unfairly. Termination of employment for reasons relating to pregnancy or constituting discrimination under the Employment and Labour Relations Act shall be unfair and in contravention of the Act.
Employment and Labour Relations Act 2004 §37(1), (2), (3)

Burden of proof

The onus is on the employer to prove:
(a) that the reason for the termination is valid;
(b) that the reason is a fair reason -
(i) related to the employee’s conduct, capacity or compatibility; or
(ii) based on the operational requirements of the employer, and
(c) that the employment was terminated in accordance with a fair procedure.

If the employer fails to prove the above, the termination of employment by an employer is deemed unfair.
Employment and Labour Relations Act 2004 §§37(2), 39

Guaranteed right to return to work

The employee may resume employment on the same terms and conditions of employment at the end of her maternity leave.
Employment and Labour Relations Act 2004 §33(4)

Results generated on: 31st October 2014 at 08:46:07.
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