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Uruguay - Maternity protection - 2011


LAST UPDATE

17 March 2011

SOURCES


Name of Act

Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants, of 23 January 1990 (Ley n° 16.104 Funcionarios Publicos Modifican Normas reglamentarias que regulan las licencias, Diario Oficial No. 23, 041, 2 February 1990) as amended up to Act No. 17930 on National Budget of 19 December of 2005

Name of Act

Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits of 25 November 1980 (Diario Oficial No. 20,885, 9 December 1980) as amended up to Act No. 15,800 which reinstitutionalized the Social Provision Bank and abolished the Directorate General of Social Security, of 7 January 1986 (Ley n° 15.800 se reinstitucionaliza el Banco de Prevision Social y se suprime la Direccion General de la Seguridad Social, Diario Oficial No. 22,112, 3 March 1986)

Name of Act

Act No. 16,045 prohibiting all discrimination which violates the principle of equality of treatment and opportunities for both sexes in any sector, dated 2 June 1989 (Diario Oficial No. 22,885, 15 June 1989) as amended up to Decree n°365/999 (Decreto núm. 365/999 Diario Oficial, 1999-11-24, núm. 25405, págs. 366-a/367-A)

Name of Act

Decree No. 162/1993 establishing the right for persons in any geographical area who undertake domestic work to receive family and maternity benefit, (Decreto 162/993 Establécese que tendrán derecho al cobro de asignación familiar y subsidio por maternidad, las personas que en cualquier área territorial realicen tareas domésticas Diario Oficial No. 23,782, 21 April 1993, p. 69A) of 31 March 1993.

Name of Act

Act No. 17,215 establishing Standards Covering All Women Workers in the Public and Private Sectors who are Pregnant or Nursing, (Ley n°17.215 Dictanse Normas que Comprenden a Toda Trabajadora Publica o Privada dated 24 September 1999, Diario Oficial No. 25,373 of 7 October 1999, p. 85-A).

Name of Act

Act No. 17.292 on Public Administration, Promoting and Improving Employment, (Ley n° 17.292 Administracion Publica y Empleo, Fomento y Mejoras, Diario Oficial No. 25,695, 29 January 2001, pp. 644-A-652-A ) of 16 January 2001.

Name of Act

Decree 1 June 1954 (Decreto del 1 de junio de 1954 en el que se dan normas para la protección de la maternidad, determinándose los descansos y beneficios que deben otorgarse a las empleadas y obreras durante los períodos de gravidez y posterior al parto, y las sanciones a aplicarse a los infractores) of 12 June 1954.

Name of Act

Act No. 15,800 which reinstitutionalized the Social Provision Bank and abolished the Directorate General of Social Security (Ley 15.800 por la que se reinstitucionaliza el Banco de Prevision Social y se suprime la Direccion General de la Seguridad Social) of 7 January 1986.

Name of Act

Act No. 17,386 (Ley No. 17.386) of 23 August 2001.

Name of Act

Act No. 11,577 on Unhealthy Industries (Ley No. 11.577 sobre Industrias Insalubres) of 14 October 1950.

Name of Act

Act No. 18345 on workers in the private sector (Ley No. 18345 sobre trabajadores del sector privado) of 2 September 2008

MATERNITY LEAVE


Scope

The various provisions affording maternity protection apply to women working in the private sector and the public sector, domestic women workers and unemployed women.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.24
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.11

Duration


Compulsory leave

Six weeks before confinement and six weeks after.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.24
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.12

General total duration

Every worker is entitled to 12 weeks (six before and six after confinement). Women workers may alter the amount of prenatal leave provided that the total remains twelve weeks. Pregnant civil servants, which have to present a medical certificate prooving the pregnancy, are entitled to thirteen weeks of maternity leave, one week before and twelve weeks after confinement, although the civil servant may bring the start of her leave forward.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.24
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.12
Historical data (year indicates year of data collection)
  • 2009: Every worker is entitled to 12 weeks (six before and six after confinement). Women workers may alter the amount of prenatal leave provided that the total remains twelve weeks. Pregnant civil servants They have to present a medical certificate, prooving the pregnancy) are entitled to thirteen weeks of maternity leave, one week before and twelve weeks after confinement, although the civil servant may bring the start of her leave forward.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

If confinement takes place after the due date, leave shall be extended, both for private sector workers and for civil servants, until the actual date of confinement, and the amount of compulsory postnatal leave shall not be reduced.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.25
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.13

Leave in case of illness or complications

If illness occurs as a result of pregnancy or delivery, supplementary prenatal leave may be granted, but not exceeding six months for private sector workers.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.26, art.27
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.14

RELATED TYPES OF LEAVE


Paternity leave


Scope

All civil servants and workers in the private sector.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1

Qualifying conditions

To be entitled to patenity leave, civil servants have to present a medical certificate.
In case of workers in the private sector they will have to present to their employers the probatory documentation of the paternity in the 20 following days.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5

Length

Civil servants are entitled to ten days of paternity leave, whilst workers in the private sector to three days.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29 (Amended by the art.26 Act. 17930)
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5

Adoption leave


Scope

All workers in the private sector and civil servants who adopt a minor shall be entitled to special paid leave of six weeks continuous duration.
Act No. 17.292 on Public Administration, Promoting and Improving Employment Art.33

Qualifying conditions

All workers in the private sector and civil servants affiliated to the Social Provision Bank are entield to a paid leave in case of adoption.
Act No. 17.292 on Public Administration, Promoting and Improving Employment Art.33

Length

Workers who adopt a child are entitled to six continuous weeks of leave.
Act No. 17.292 on Public Administration, Promoting and Improving Employment Art.33

RIGHT TO PART-TIME WORK

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

CASH BENEFITS


Maternity leave benefits


Scope

Workers in the private sector, workers in a state of forced unemployment whilst receiving unemployment benefit and domestic workers.
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.2(1,2)
Decree No. 162/1993 establishing the right for persons in any geographical area who undertake domestic work to receive family and maternity benefit Art.1

Duration

12 weeks
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.15, art.16

Amount

One hundred per cent of salary for a duration of twelve weeks plus any extension as a result of confinement taking place after the due date and up to six months in the case of leave extended because of illness. During extraordinary leave, a woman worker shall receive seventy per cent of her salary (equivalent to the amount received for illness).
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.15, art.16
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of salary for a duration of twelve weeks plus any extension as a result of confinement taking place after the due date and up to six months in the case of leave extended because of illness. During extraordinary leave, a woman worker shall receive seventy per cent of her salary (equivalent to the amount received for illness).
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Maternity benefits are paid by the Social Security Agency (Social Provision Bank), and are calculated on the average wage in the last 6 months.
Legislative Decree 15,084 on Allowances to be paid to beneficiaries by the Directorate of Family Benefits Art.15
Historical data (year indicates year of data collection)
  • 2009: Social security family benefits system.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Paternity leave benefits


Scope

All civil servants and workers in the private sector.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1

Qualifying conditions

To be entitled to patenity leave benefits, civil servants have to present a medical certificate.
In case of workers in the private sector they will have to present to their employers the probatory documentation of the paternity in the 20 following days.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5

Duration

Paternity benefits are enjoyable during the time of leave.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1,art.5

Amount

During paternity leave, the worker will enjoy his salary as he would be working.
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29

Financing of benefits

Not expressly mentioned in the legislation. However it seems that is the employer who pay the salary to the worker as if he would be working.
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Every pregnant woman is entitled to be accompanied by a person of her confident or specially trained to give emotional support during all the childbirth, either when natural or cesarean delivery.
Act No. 17,386 of 23 August 2001. Art.1

Financing of benefits

Since the verification of pregnancy, medical benefits are held by the Health Insurance or by the BPS (Social Provision Bank).
Act No. 15,800 of 7 January 1986. Art. 4(1)

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Every woman during pregnancy is entitled to be absent from work for as long as needed according to medical prescription.
If the employee or worker is nursing her child is entitled to interrupt her work for this purpose, for two half-hour periods per day that will be counted as effective work.
Decree 1 June 1954 of 12 June 1954. Art.1, art.3

Remuneration of nursing breaks

Nursing breaks are paid
Act No. 11,577 on Unhealthy Industries of 14 October 1950. Art.16

HEALTH PROTECTION


Dangerous or unhealthy work


Risk assessment


» Transfer to another post

Any women worker in the public or private sector who is pregnant or nursing shall be entitled to be transferred temporarily away from her usual activities if, by their nature or the conditions under which they are performed, they could affect her health or that of her child.
Act No. 17,215 establishing Standards Covering All Women Workers in the Public and Private Sectors who are Pregnant or Nursing Art.1

» Paid/unpaid leave

A well-founded refusal to permit a change of duties shall entitle the woman worker to special leave, during which she shall receive half of her normal salary.
Act No. 17,215 establishing Standards Covering All Women Workers in the Public and Private Sectors who are Pregnant or Nursing Art.3

» Right to return

Once the period of leave is over, the worker shall be reinstated in her previous post. Women workers who have exercised their right to a transfer shall not, on the grounds of this alone, be suspended, dismissed, have their labour rights affected or be held back in their careers.
Act No. 17,215 establishing Standards Covering All Women Workers in the Public and Private Sectors who are Pregnant or Nursing Art.1, art.2, art.3

Particular risks


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

Certain tasks are forbidden for pregnant workers such as carrying loads over 25 kg.
Decree 406/88

» Work involving exposure to biological, chemical or physical agents

Certain tasks are forbidden for pregnant workers such as the manipulation of benzol or benzene.
Decree 14/9/45
ILO Convention 136

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

All discrimination which violates the principle of equality of treatment and opportunities for both sexes in all sectors or branches of labour activity is prohibited. This specifically includes, among other things, suspension or dismissal in the event of a change in civil status, pregnancy or nursing.
Act No. 16,045 prohibiting all discrimination which violates the principle of equality of treatment and opportunities Art.1(h)

Protection from discriminatory dismissal

No women can be dismissed due to the change of functions during pregnancy. However, If the worker would be dismissed, the employer will have to pay an amount equivalent to six month´s salary, plus the legal compensation which correspond in each case.
Act No. 17,215 establishing Standards Covering All Women Workers in the Public and Private Sectors who are Pregnant or Nursing Art.1,2
Act No. 11,577 on Unhealthy Industries of 14 October 1950. Art.17

Guaranteed right to return to work

Women workers who have exercised their right to a transfer shall not, on the grounds of this alone, be suspended, dismissed, have their labour rights affected or be held back in their careers.
Act No. 17,215 establishing Standards Covering All Women Workers in the Public and Private Sectors who are Pregnant or Nursing Art.1

Results generated on: 03rd September 2014 at 09:05:23.
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