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Yemen - Maternity protection - 2011


LAST UPDATE

15 November 2011

Data quantity

LOW

SOURCES


Name of Act

Law No. 25 of 1997, amending certain provisions of the Presidential Order to promulgate the Labour Code No. 5 of 1995.

Name of Act

Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Other source used

MATERNITY LEAVE


Scope

The Labour Code applies to all employers and workers except those covered by a special provision of this code; the excluded categories are:

(a) employees of the state administration and the public sector;
(b) officers of the judiciary and the diplomatic and consular corps;
(c) staff of military and security establishments;
(d) foreigners seconded to work with the State;
(e) foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
(f) foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
(g) casual workers;
(h) persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
(i) household servants and workers of equivalent status;
(j) persons employed in agriculture and pastoral work OTHER THAN:
(i) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
(ii) persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
(iii) persons working in livestock husbandry.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §3

Qualifying conditions

There are not established qualifying conditions.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §45

Duration


Compulsory leave

60 days.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §45.1, 45.2

General total duration

60 days.
Law No. 25 of 1997 §45
Historical data (year indicates year of data collection)
  • 2009: 60 days.
  • 2004: Sixty days
  • 1998: Sixty days
  • 1994: n.a.

Extension

A pregnant worker shall be granted a further 20 days leave, in addition to the maternity leave period, in the following cases:
b. if she gives birth to a twins.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 45.3

Leave in case of illness or complications

A pregnant worker shall be granted a further 20 days’ leave, in addition to the maternity leave period, in the following cases:
a. if the labour was difficult as established by a medical report,
b. if she gives birth to a twins.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §45.3

RELATED TYPES OF LEAVE


Parental leave

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Paternity leave

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Adoption leave

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

RIGHT TO PART-TIME WORK

Women’s working time shall be five hours a day as from their sixth month pregnancy and, if breastfeeding, until the end of the sixth month after childbirth. Such working time may be further reduced for health reasons on the basis of a certified medical report.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §43.1,43.2

CASH BENEFITS


Maternity leave benefits


Scope

Maternity cash benefits are the employer’s responsibility, therefore the scope of labor code applicable to maternity leave is also applicable to maternity cash benefits.

The Labour Code applies to all employers and workers except those covered by a special provision of this code; the excluded categories are:

(a) employees of the state administration and the public sector;
(b) officers of the judiciary and the diplomatic and consular corps;
(c) staff of military and security establishments;
(d) foreigners seconded to work with the State;
(e) foreigners working in the Republic under an international Convention to which the Republic is a party, this exemption being subject to the limits set by the Convention in question;
(f) foreigners holding diplomatic or special passports who have obtained a visa and who work in the Republic subject to the conditions of such political visas as may be issued to them;
(g) casual workers;
(h) persons related to and working with the employer who are effectively his dependants regardless of their degree of kinship;
(i) household servants and workers of equivalent status;

(j) persons employed in agriculture and pastoral work OTHER THAN:
(i) persons employed in agricultural corporations, establishments or associations or in enterprises which process or market their own products;
(ii) persons who, on a permanent basis, operate or repair mechanical equipment required for agriculture or permanent irrigation works;
(iii) persons working in livestock husbandry.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §3

Qualifying conditions

There are not qualifying conditions to be entitled to maternity paid leave.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §45

Duration

60 days.
Law No. 25 of 1997 §45(1)

Amount

100 per cent
Law No. 25 of 1997 §45
Historical data (year indicates year of data collection)
  • 2009: 100 per cent
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: n.a.

Financing of benefits

Employer.
Law No. 25 of 1997 §45
Historical data (year indicates year of data collection)
  • 2009: Employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: n.a.

Parental leave benefits

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Paternity leave benefits

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Adoption leave benefits

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

MEDICAL BENEFITS

Sickness and Maternity - Regulatory Framework
A health insurance program exists for public-sector employees only. Further details are unknown.
ISSA
Yemen Country profile

HEALTH PROTECTION


Arrangement of working time

Women’s working time shall be five hours a day as from their sixth month pregnancy and, if breastfeeding, until the end of the sixth month after childbirth. Such working time may be further reduced for health reasons on the basis of a certified medical report.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §43

Night work

It shall be forbidden to employ women at night, except during the month of Ramadhan and in the jobs which shall be specified by order of the Minister.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §46.2

Overtime

It shall be forbidden to assign a woman to overtime work as from the sixth month of her pregnancy and during the first six months following her return to work after maternity leave.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §44

Work on rest days

Not prohibited for pregnant women or nursing mothers. However, the regulations of the employment of young persons prohibits to make a young person work during his weekly periods of rest, official holidays and other leave.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §48.5

Time off for medical examinations

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Leave in case of sickness of the child

Not provided.
Law No. 25 of 1997

Other work arrangements

BREASTFEEDING

Women’s working time shall be five hours a day as from their sixth month pregnancy and, if breast-feeding, until the end of the sixth month after childbirth. Such working time may be further reduced for health reasons on the basis of a certified medical report.
The working time of women breast-feeding their children shall be reckoned from the day following the end of maternity leave to the end of the sixth month after the birth of the child.

THERE NO OTHER PROVISIONS REGARDING BREASTFEEDING.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §43

Dangerous or unhealthy work

It shall be prohibited to employ women in industries and occupations which are hazardous, ardous or harmful to their health or social standing. The occupations prohibited under this paragraph shall be specified by order of the Minister.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §46

General

There are not specific legal previsions for pregnant workers.
There is a general duty for employers to provide the working environment, conditions, guarantees and precautions provided for in labour legislation and regulations and in contracts and collective agreements.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §89

Risk assessment

There is not established a risk assessment for pregnant workers.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §43

» Assessment of workplace risks

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

» Adaptation of conditions of work

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

» Transfer to another post

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

» Paid/unpaid leave

Pregnant workers and breastfeeding mothers may be reduced their working hours for health reasons on the basis of a medical certificate.There is not an express right to full leave paid or unpaid in case of sickness.

There is an extension in maternity leave up to 20 days in case of complications during confinement.This leave is unpaid.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §45

» Right to return

Not expressly provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Women shall be equal with men in relation to all conditions of employment and employment rights, duties and relationships, without any discrimination. Women shall be equal with men in employment, promotion, wages, training and rehabilitation and social insurance.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995 §42

Prohibition of pregnancy testing

Not prohibited.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Protection from discriminatory dismissal

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Burden of proof

Not mentioned.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Guaranteed right to return to work

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995

Results generated on: 23rd October 2014 at 10:43:43.
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