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Vanuatu - Maternity protection - 2011


LAST UPDATE

Data quantity

NORMAL

SOURCES


Name of Act

Employment Act Chapter 160, commenced 30 May 1983 incorporating amendments made in Acts 1 of 1983, 20 of 1986, 33 of 1989, 8 of 1995, 3 of 1997 and 16 of 2001 and including amendments made by Acts 31 of 2008, 33 of 2009 and 25 of 2010. Published by Pacific Islands Legislation Information Institute at www.paclii.org and accessed 21 September 2011.

MATERNITY LEAVE


Scope

The entitlement to maternity leave under the Employment Act applies to all women employees.
Employment Act 1983 (as amended up to 2010) §36(1)

Qualifying conditions

A woman employee must provide her employer with a medical certificate stating that her confinement is likely to take place within 6 weeks.
Employment Act 1983 (as amended up to 2010) §36(1)

Duration


Compulsory leave

An employer must not permit a pregnant worker to work for a period 6 weeks after her confinement. The employer must also not permit a pregnant worker to work for a period of 6 weeks before her confinement, unless she provides a medical certificate certifying that she is fit to work during that period.
Employment Act 1983 (as amended up to 2010) §36(1), (2A)

General total duration

The total duration of the maternity leave entitlement is 12 weeks, being 6 weeks before and 6 weeks after confinement.
Employment Act 1983 (as amended up to 2010) §36(1)
Historical data (year indicates year of data collection)
  • 2009: Three months
  • 2004: Three months
  • 1998: n.a.
  • 1994: n.a.

Extension

No provision is made for the extension of maternity leave.

Leave in case of illness or complications

No entitlement specific to maternity-related illness or complications identified. However, the employee may be able to exercise her right to 21 working days’ leave in these circumstances. Further, employers are prohibited from giving notice of dismissal to a woman employee who remains absent for up to 3 weeks following a period of maternity as a result of illness certified by a medical practitioner to arise out of pregnancy or confinement and rendering her unfit for work.
Employment Act 1983 (as amended up to 2010) §§34, 37
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RELATED TYPES OF LEAVE


Parental leave

No provision for parental leave identified.

Paternity leave

No provision for paternity leave identified.

Adoption leave

No provision for adoption leave identified.

RIGHT TO PART-TIME WORK


General provisions

No provision for a right to part-time work identified.

CASH BENEFITS


Maternity leave benefits


Scope

The entitlement to maternity leave benefit under the Employment Act applies to all women employees.
Employment Act 1983 (as amended up to 2010) §36(2)

Qualifying conditions

A woman employee must provide her employer with a medical certificate stating that her confinement is likely to take place within 6 weeks.
Employment Act 1983 (as amended up to 2010) §36(1), (2)

Duration

The maternity leave benefit lasts for the duration of the woman’s absence on maternity leave, i.e. up to 12 weeks.
Employment Act 1983 (as amended up to 2010) §36(1), (2)

Amount

A woman employee shall be entitled to be paid 66% of the remuneration she would have earned had she not been absent on maternity leave.
Employment Act 1983 (as amended up to 2010) §36(2)
Historical data (year indicates year of data collection)
  • 2009: Fifty percent of wages (minimum).
  • 2004: Fifty percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

The maternity leave benefits are to be paid by the employee’s employer or, where applicable, employers. If there is more than one employer from whom a woman employee would be entitled to claim wages under this subsection, the Commissioner of labour, a labour officer or a labour inspector must determine the amount of wages that must be paid by each employer according to the number of hours on which the woman employee has worked for the relevant employer.
Employment Act 1983 (as amended up to 2010) §36(2), (2B)
Historical data (year indicates year of data collection)
  • 2009: Employer
  • 2004: No info
  • 1998: n.a.
  • 1994: n.a.

Parental leave benefits

No provision for parental leave benefits identified.

Paternity leave benefits

No provision for paternity leave benefits identified.

Adoption leave benefits

No provision for adoption leave benefits identified.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

No relevant public health care or entitlement to employer-funded pre-natal, childbirth or post-natal care identified. However, employers are obliged to provide employees and, where they reside on the employer’s premises, members of employees’ families with medical aid in accordance with such scale as the Minister may prescribe as suitable in the circumstances of any undertaking. This may include maternity-related medical aid.
Employment Act 1983 (as amended up to 2010) §47(1)

Financing of benefits

Medical aid required under §47(1) of the Employment Act is to be provided at the employer’s expense.
Employment Act 1983 (as amended up to 2010) §47(1)

HEALTH PROTECTION


Arrangement of working time


Night work

Women (irrespective of pregnancy) shall not be employed during the hours of 7pm and 6am in any undertaking, except where the work:
(a) has to do with raw materials or materials in course of treatment which are subject to rapid deterioration;
(b) is necessitated by an emergency which it was impossible to foresee and which is not of a recurring character;
(c) is that in a responsible position of management held by a woman who is not ordinarily engaged in manual work;
(d) is that of nursing and of caring for the sick, or other health or welfare work, including work in pharmacy;
(e) is carried on in a theatre or other place of public amusement;
(f) is carried on in connection with a hotel, guest hotel, bar, restaurant, club, or similar establishment;
(g) is carried on in connection with the transport of passengers by sea or air;
(h) is carried on in connection with postal and telecommunication services or broadcasting;
(i) is authorised by the Minister by order in conformity with international conventions.

However, the Ministry may by Order suspend the prohibition of the employment of women during the night when in case of serious emergency the public interest so demands.
Employment Act 1983 (as amended up to 2010) §35

Overtime

No restriction on overtime for pregnant or breastfeeding workers identified.

Work on rest days

No additional restriction with respect to work on rest days by pregnant or breastfeeding workers identified.

Time off for medical examinations

No entitlement to time off for medical examinations identified.

Leave in case of sickness of the child

No entitlement to leave in case of sickness of the child identified.

Other work arrangements

Breastfeeding: An employer shall allow a woman employee who is nursing a child half an hour twice a day during her working hours for this purpose; such interruptions of work shall be counted as working hours and shall be remunerated accordingly.
Employment Act 1983 (as amended up to 2010) §36(3)

Dangerous or unhealthy work


General

Every employer is required to take appropriate steps as soon as possible to remedy any working conditions which may be dangerous for the health or welfare of his employees. However, no maternity- or female-specific protections identified beyond the general prohibition on night work for women.
Employment Act 1983 (as amended up to 2010) §45(1)

Risk assessment

No general risk assessment requirement identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Where a woman is employed on like work with a man in the same employment she shall be entitled to remuneration at the same rate as that man.
Employment Act 1983 (as amended up to 2010) §8(1)

Prohibition of pregnancy testing

No prohibition of pregnancy testing identified.

Protection from discriminatory dismissal

No employer shall give notice of dismissal to a woman employee who is absent in pursuance of section 36 or who remains absent as a result of illness certified by a medical practitioner to arise out of pregnancy or confinement and rendering her unfit for work, provided that such additional absence from work shall not exceed 3 weeks.
Employment Act 1983 (as amended up to 2010) §37

Burden of proof

No relevant provisions identified.

Guaranteed right to return to work

A woman who returns to her employment after maternity leave:
(a) must return to the same or equivalent position held prior to proceeding on maternity leave, without any loss of salary, wages, benefits or seniority; or
(b) may be appointed to a higher position.
Employment Act 1983 (as amended up to 2010) §36(4)

Results generated on: 22nd September 2014 at 14:13:26.
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