Except as otherwise provided in this Act, this Act applies to all employees employed by an employer under a contract of service. This Act does not apply to - a) employers and their dependent relatives when dependant relatives are the only employees in a family undertaking, as long as the total number of dependent relatives does not exceed five; and b) the Uganda People’s Defence Forces, other than their civilian employees.
Employment Act §3(1)(2)
Qualifying conditions
A female employee who seeks to exercise any of the rights mentioned in this section shall, if requested by the employer, produce a certificate as to her medical condition from a qualified medical practitioner or midwife.
Employment Act §56(6)
Duration
Compulsory leave
A female employee shall, as a consequence of pregnancy, have the right to a period of 60 days leave from work on full wages hereafter referred to as "maternity leave", of which at least four weeks shall follow the childbirth or miscarriage.
Employment Act §56(1)
General total duration
A female employee shall, as a consequence of pregnancy, have the right to a period of 60 days leave from work on full wages hereafter referred to as "maternity leave", of which at least four weeks shall follow the childbirth or miscarriage.
Employment Act §56(1)
Historical data (year indicates year of data collection)
2004: Eight weeks
1998: Eight weeks
1994: Eight weeks
Extension
No relevant provisions identified.
Leave in case of illness or complications
In the event of sickness arising out of pregnancy or confinement, affecting either the mother or the baby, and making the mother`s return to work inadvisable, the right to return shall be available within eight weeks after the date of childbirth or miscarriage.
Employment Act §56(3)
RELATED TYPES OF LEAVE
Parental leave
No relevant provisions identified.
Paternity leave
Scope
A male employee shall, immediately after the delivery or miscarriage of a wife, have the right to a period of four working days`paid leave from work yearly herein.
Employment Act §57
Qualifying conditions
No relevant provisions identified.
Length
A male employee shall, immediately after the delivery or miscarriage of a wife, have the right to a period of four working days’ leave from work yearly herein referred to as paternity leave.
Employment Act §57(1)
Adoption leave
No relevant provisions identified.
RIGHT TO PART-TIME WORK
No relevant provisions identified.
CASH BENEFITS
Maternity leave benefits
Scope
Employed women including public service, except women working in family undertakings and non-civilian members of the defence force.
Employment Act §§ 1, 3
Qualifying conditions
No relevant provisions identified.
Duration
A female employee shall, as a consequence of pregnancy, have the right to a period of 60 days leave from work on full wages hereafter referred to as "maternity leave", of which at least four weeks shall follow the childbirth or miscarriage.
Employment Act §56(1)
Amount
Full wages: A female employee shall, as a consequence of pregnancy, have the right to a period of 60 days leave from work on full wages hereafter referred to as "maternity leave", of which at least four weeks shall follow the childbirth or miscarriage.
Employment Act §56(1)
Historical data (year indicates year of data collection)
2009: One hundred percent of wages for a period of 60 working days.
2004: One hundred percent for one month
1998: One hundred percent for one month
1994: One hundred percent
Financing of benefits
Article 56(1) states that the employee shall be paid full wages, by the employer, during maternity leave.
Employment Act §56(1)
Historical data (year indicates year of data collection)
2009: The employer.
2004: Employer
1998: Employer
1994: Employer
Alternative provisions
No relevant provisions identified.
Parental leave benefits
No relevant provisions identified.
Paternity leave benefits
Scope
A male employee shall, immediately after the delivery or miscarriage of a wife, have the right to a period of four working days`paid leave from work yearly herein.
Employment Act §57(1)
Qualifying conditions
No relevant provisions identified.
Duration
A male employee shall, immediately after the delivery or miscarriage of a wife, have the right to a period of four working days`paid leave from work yearly herein.
Employment Act §57(1)
Amount
An employee referred to in subsection (1) shall be entitled to the payment of his full wages during the said paternity leave.
Employment Act §57(2)
Financing of benefits
The Employer.
A male employee shall, immediately after the delivery or miscarriage of a wife, have the right to a period of four working days`paid leave from work yearly herein.
Employment Act §57(1)
Remarks: The Employment Act is not clear about which entity should pay the paternity leave (either the employer or social security). We imply from the provision, that it referred leave should be paid by the employer.
Adoption leave benefits
No relevant provisions identified.
MEDICAL BENEFITS
No relevant provisions identified.
HEALTH PROTECTION
Arrangement of working time
No relevant provisions identified.
Dangerous or unhealthy work
General
It is the responsability of the employer - a) to take, as far as is reasonably practicable, all measures for the protection of his or her workers and the general public from the dangerous aspects of the employer¿s undertaking at his or her own cost.
Occupational Health and Safety Act §13(1)a)
Risk assessment
No relevant provisions identified.
Particular risks
» Arduous work (manual lifting, carrying, pushing or pulling of loads)
An employee shall not be required to lift, carry, or move a load which is heavy and likely to cause him or her injury.
Occupational Health and Safety Act §89
» 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
In the interpretation and application of this Act it shall be the duty of all parties, including the Minister, labour officers and the Industrial Court to seek to promote equality of opportunity, with a view to eliminating any discrimination in employment. Without prejudice to subsection (1), in the interpretation and application of this Act, it shall be the duty of all parties, including the Minister, a labour officer and the Industrial Court, to promote and guarantee equality of opportunity for persons who, as migrant workers, or as members of their families, are lawfully within the territory of Uganda. Discrimination in employment shall be unlawful and for the purposes of this Act, discrimination includes any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status or disability which has the effect of nullifying or impairing the treatment of a person in employment or occupation, or of preventing an employee from obtaining any benefit under a contract of service. Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements of that particular job shall not be deemed to be discrimination. It shall be lawful for the Minister, by regulations to limit the range of jobs to migrant workers. The Minister and the Labour Advisory Board shall, in performing their duties, seek to give effect to the principle of equal remuneration for male and female employees for work of equal value. Every employer shall pay male and female equal remuneration for work of equal value.
Employment Act §6
Prohibition of pregnancy testing
No relevant provisions identified.
Protection from discriminatory dismissal
The following shall not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty: a female employee’s pregnancy, or any reason connected with her pregnancy.
In the event of sickness arising out of pregnancy or confinement, affecting either the mother or the baby, and making the mother’s return to work inadvisable, the right to return mentioned in subsection (2) shall be available within eight weeks after the date of childbirth or miscarriage.
Employment Act §17(a), 56(3),
Burden of proof
In any claim arising out of termination the employer shall prove the reason or reasons for the dismissal, and where the employer fails to do so, the dismissal shall be deemed to have been unfair.
Employment Act §68(1)
Guaranteed right to return to work
A female employee who becomes pregnant shall have the right to return, to the job which she held immediately before her maternity leave or to a reasonably suitable alternative job on terms and conditions not less favourable than those which would have applied had she not been absent on maternity leave.
Employment Act §56(2)
Results generated on: 16th April 2024 at 22:50:00.
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