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Colombia - Maternity protection - 2011


LAST UPDATE

03 November of 2011

Data quantity

NORMAL

SOURCES


Name of Act

Resolution n02400, which establishes Health and Safety in workplaces (Disposiciones sobre vivienda, higiene y seguridad en los establecimientos de trabajo) of 22 May 1979

Name of Act

Act No. 100, which establishes the Integral Social Security System and other Provisions, (por la cual se crea el Sistema de Seguridad Social Integral y se dictan otras disposiciones) of 23 December 1993 (Diario Oficial, No. 41,148, 23 December 1993, pp. 1-27), as amended up to Act n860 of 26 december 2003

Name of Act

Labour Code, (Codigo del Trabajo), Decree No. 2663, of 5 August 1950 (Diario Oficial, No. 27,407, 9 September 1950, p. 929), as amended up to Decree n 535 of 24 February 2009 (Diario Oficial n 47 223, 5 January 2009, p.16)

Name of Act

Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Name of Act

Law No 823 of July the 10th of 2003
Establishing rules on equal opportunities for women

Name of Act

Law No 1438 of January 19 of 2011
Amending the General Social Security System and enact other dispositions)

Name of Act

Agreement 10 of January 18 of 2010 enacted by the Commission of Health Regulation.

Name of Act

Law No 1295 of 2009
Regulating Medical healthcare to children in levels 1,2,3 of Sisben.

Name of Act

Agreement No 03 of 2009 enacted by the Commission of Health Regulation,
on the regimen of Mandatory Health Plan (P.O.S)

Name of Act

Agreement No 414 of 2009 enacted by the Commission of Health Regulations, that according to the Preliminary Ruling of the Constitutional Court of Colombia T-1223 of 2008 modifies certain conditions on payment of contributions to receive maternity cash benefit

Name of Act

Law No. 755 of July 23 of 2002 on Paternity Leave (Ley Maria)
Note: This norm has suffered considerable changes made through Constitutional Rulings of the Constitutional Court. Regarding qualifying conditions they will be the same for maternity leave to be entitled to paternity leave. Furthermore, is no longer necessary to have spend two years of partnership with the mother of the child, and paternity leave will be always for up to 8 days.

Other source used

Other source used

Official web-site of the Presidency of the Republic of Colombia

Other source used

Official web-site of the Senate of the Republic of Colombia

Other source used

Other source used

Official web-site of the Fund of Professional risks

Other source used

Constitutional Court of Colombia

MATERNITY LEAVE


Scope

Maternity protection under the Scope of the Labour Code covers all dependent workers in the private sector.
Public Servants are excluded from the scope of application of the Labour Code but have their own special norms that include maternity protection.
Labour Code 1, 236-239

Qualifying conditions

The employee must inform the enterprise of her pregnancy, the presumed date of confinement and the date of commencement of the period of leave and present a medical certificate to the employer upon confinement.
Labour Code 236(1) (3)

Duration


Compulsory leave

a week before confinement
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.
Labour Code

General total duration

Fourteen weeks.
two weeks before and 12 after confinement.
Labour Code 236(1)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors. 1
Historical data (year indicates year of data collection)
  • 2009: Twelve weeks.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

In case of multiple or premature birth, the maternity leave is extended up to two(2) more weeks.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors. 5
Labour Code

Leave in case of illness or complications

Not provided. However, if the female worker may not reenter to her work once the maternity leave has expired and as consequence of sickness, rules for leave in case of illness will apply.

There is a leave in case of miscarriage or premature stillbirth, female workers are entitled to paid leave for two up to four weeks.
Labour Code 237

RELATED TYPES OF LEAVE


Parental leave

Not provided
Labour Code

Paternity leave


Scope

Male workers.
Labour Code 236(4)
Law No. 755 of July 23 of 2002 on Paternity Leave (Ley Maria)
Note: This norm has suffered considerable changes made through Constitutional Rulings of the Constitutional Court. Regarding qualifying conditions they will be the same for maternity leave to be entitled to paternity leave. Furthermore, is no longer necessary to have spend two years of partnership with the mother of the child, and paternity leave will be always for up to 8 days.

Qualifying conditions

Upon presentation of a birth certificate.
Labour Code 236(4)
Labour Code

Length

8 days
Labour Code 236(4)

Adoption leave

Applicable to adoptive mothers in private and public sectors.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Scope

All the provisions and guarantees established for biological mothers can be extended to cover adoptive mothers of a child under seven years old. The leave can be extended to the adoptive father without spouse or permanent partner. This provision is also applicable to workers in the public sector.
Labour Code 236(4)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Qualifying conditions

Adoptive mothers of a child under seven years of age.
Labour Code 236(4)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Length

fourteen (14) weeks.
Labour Code 236(1)(4)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

RIGHT TO PART-TIME WORK


General provisions

Not provided
Labour Code

CASH BENEFITS


Maternity leave benefits


Scope

The general social security system covers in its membership all persons with an employment contract, public employees and self-employed workers.
Act No. 100, which establishes the Integral Social Security System 157(2a),207

Qualifying conditions

Payment of contributions during the whole pregnancy.
Act No. 100, which establishes the Integral Social Security System
Law No 1438 of January 19 of 2011
Amending the General Social Security System and enact other dispositions)

Duration

For the normal duration of maternity leave period (14 weeks).
Labour Code 236(1)
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Amount

100 per cent.
Labour Code 236(1)
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Social security.
Act No. 100, which establishes the Integral Social Security System 207
Agreement No 03 of 2009 enacted by the Commission of Health Regulation,
on the regimen of Mandatory Health Plan (P.O.S)
Agreement No 414 of 2009 enacted by the Commission of Health Regulations, that according to the Preliminary Ruling of the Constitutional Court of Colombia T-1223 of 2008 modifies certain conditions on payment of contributions to receive maternity cash benefit
Historical data (year indicates year of data collection)
  • 2009: Social security.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits

Not provided
Labour Code

Paternity leave benefits


Scope

The general social security system covers in its membership all persons with an employment contract, public employees and self-employed workers.
Act No. 100, which establishes the Integral Social Security System
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Qualifying conditions

Birth certificate.
100 weeks of contributions before the recognition of this payment (This qualifying condition may have been modified by a Ruling of the Constitutional Court).
Law No. 755 of July 23 of 2002 on Paternity Leave (Ley Maria)
Note: This norm has suffered considerable changes made through Constitutional Rulings of the Constitutional Court. Regarding qualifying conditions they will be the same for maternity leave to be entitled to paternity leave. Furthermore, is no longer necessary to have spend two years of partnership with the mother of the child, and paternity leave will be always for up to 8 days.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Duration

8 days.
Labour Code 236(4)

Amount

100 per cent.
Labour Code 136(4)

Financing of benefits

Social security
Labour Code 236(4)

Adoption leave benefits


Scope

The general social security system covers in its membership all persons with an employment contract, public employees and self-employed workers.
Adoptive working mothers are entitled with adoption leave and cash benefits.
Labour Code
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Qualifying conditions

All the benefits and qualifying conditions established for biological mother
apply to adoptive mothers in order to receive cash benefit. Then, contributions to the Social Security System are required for 9 months.
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.
Act No. 100, which establishes the Integral Social Security System

Duration

fourteen (14)weeks
Act No. 100, which establishes the Integral Social Security System
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors.

Financing of benefits

Social Security
Act No. 100, which establishes the Integral Social Security System
Agreement No 414 of 2009 enacted by the Commission of Health Regulations, that according to the Preliminary Ruling of the Constitutional Court of Colombia T-1223 of 2008 modifies certain conditions on payment of contributions to receive maternity cash benefit

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The Compulsory Health Plan for pregnant women will cover health services in antenatal check-ups, birth, post-partum check-ups and care for complaints directly related to nursing without considering the number of contributions made to the system.
Pregnant women belonging to the lowest levels of stratification 1,2,3 are covered by the SISBEN(Social Insurance for unprivileged inhabitants).
Act No. 100, which establishes the Integral Social Security System 166
Law No 1295 of 2009
Regulating Medical healthcare to children in levels 1,2,3 of Sisben.

Financing of benefits

Social security.
Act No. 100, which establishes the Integral Social Security System 166

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Two breaks of 30 minutes each in the working day, without any reduction in wage, until the child has reached the age of six months. The employer shall be bound to grant rest periods more often than those referred to if the female employee produces a medical certificate setting forth the reasons why she requires more frequent breaks .
Labour Code 238(1)(2)

Remuneration of nursing breaks

Breastfeeding breaks should not imply a reduction in wage.
Labour Code 238(1)

Transfer to another post

Not provided.
Labour Code

Nursing facilities

Every employer must establish, in premises adjacent to those where the mother works, a room for nursing or a suitable place for the care of the child .
Labour Code 238(3)

HEALTH PROTECTION


Arrangement of working time


Night work

It is prohibited to employ women for night work in any industrial company. If it is a company composed of members from the same family, the general rule doesn’t appply.
Labour Code 242(1)
Resolution n02400, which establishes Health and Safety in workplaces 699

Overtime

It is forbidden for pregnant workers to work during night shift for more than 5 hours.
Resolution n02400, which establishes Health and Safety in workplaces 699

Work on rest days

It is not forbidden.
Labour Code
Resolution n02400, which establishes Health and Safety in workplaces

Time off for medical examinations

Not provided
Labour Code

Leave in case of sickness of the child

There is established a general leave for family emergencies and its duration will be settled by the internal regulation of the enterprise. Except as other agreed, this leave is unpaid.
Labour Code 6

Dangerous or unhealthy work


Risk assessment

Not expressly provided for pregnant workers, but it is a general duty of employers to guarantee safety at work places and to adopt all the necessary measures to fulfill with this duty.
Labour Code
Resolution n02400, which establishes Health and Safety in workplaces

» Assessment of workplace risks

Not express provision for pregnant workers, but there is a general duty in head of employers to keep safety at work places.
Resolution n02400, which establishes Health and Safety in workplaces
Labour Code

» Adaptation of conditions of work

Not expressly mentioned for pregnant workers but there is a general duty of safety at work places in the head of employers.
Labour Code
Resolution n02400, which establishes Health and Safety in workplaces

» Transfer to another post

Not expressly provided
Labour Code

» Paid/unpaid leave

If the female worker shall be absent from work because of illness during pregnancy or after the end of her maternity leave, general rules for leave in case of sickness apply.
Labour Code
Act No. 100, which establishes the Integral Social Security System

» Right to return

It is not expressly provided that female workers are entitled to return to the same job they were performing before leave. Nevertheless, it is established in the Labour Code that employers shall not vary unilaterally the terms of contract of employment.
Labour Code

Particular risks

It is prohibited to employ women underground in mines, and, in general, in dangerous or unhealthy work or work requiring great effort . It is also prohibited to employ women in jobs where they are exposed to certain chemical agents, radioactive or ionizing substances, among others. Pregnant women may not do any work that requires them to lift heavy weights, remain standing or continually moving, have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Labour Code 242(3)
Resolution n02400, which establishes Health and Safety in workplaces 696, 700

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

Pregnant women may not do any work that requires them to lift heavy weights, remain standing or continually moving, have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Resolution n02400, which establishes Health and Safety in workplaces 700

» Work involving exposure to biological, chemical or physical agents

It is prohibited to employ women in jobs where they are exposed to certain chemical agents, radioactive or ionizing substances, among others.
Resolution n02400, which establishes Health and Safety in workplaces 696(a)(b)(c)(d)(e)

» Working requiring special equilibrium

Pregnant women may not do any work that requires them to have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Resolution n02400, which establishes Health and Safety in workplaces 700

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

Pregnant women may not do any work that requires them to lift heavy weights, remain standing or continually moving, have considerable capacity for balance, such as working up ladders or handling heavy machinery or work that involves dangerous procedures.
Resolution n02400, which establishes Health and Safety in workplaces 700

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

A woman may not be subject to discrimination of any type, and during confinement shall receive special assistance and protection from the State.
Labour Code 43
Law No 823 of July the 10th of 2003
Establishing rules on equal opportunities for women

Prohibition of pregnancy testing

It is prohibited to demand pregnancy tests in order to hire or during employment. Are authorized to demand pregnancy tests only those employers with high risks activities that can harm the health of a pregnant workers or the fetus.

Resolution 003941 of November 24 of 1994 of the Ministry of Labour.

Protection from discriminatory dismissal

It is prohibited to dismiss any employee because she is pregnant or a nursing mother.
Labour Code 239(1)

Burden of proof

It is presumed that dismissal has been motivated because of pregnancy or breastfeeding when it happens during pregnancy or the three consecutive months to confinement and without the previous authorization of the Labour Inspector.
Labour Code 239
Law No 1468 of June 30 of 2011
Amending art. 236,239,57,58 of the Labour Code (It increases maternity leave and amends certain duties of employers and employees)
Scope: all dependent workers from private and public sectors. 2

Guaranteed right to return to work

The employer is required to keep the job of the worker who is on paid leave under this chapter, or sick leave based on pregnancy or childbirth.
NULIDAD DEL DESPIDO. Modificado por el art. 8o. del Decreto 13 de 1967
241


United States - Maternity protection - 2011


LAST UPDATE

24th October 2011

SOURCES


Name of Act

Pregnancy Discrimination Act
(The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. The relevant regulations is: 29 C.F.R Part 1604).

Name of Act

Family and Medical Leave Act (FMLA) of 1993, as amended up to 2008 (FMLA is amended by by Section 585 of the National Defense Authorization Act for Fiscal Year 2008, Public Law [110-181] 28 January 2008

Name of Act

Civil Rights Act of 1964 - Title VII, as amended up to Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) (amended several sections of the act)

Name of Act

Name of Act

The Patient Protection and Affordable Care Act 2010.
sec.4107 coverage of comprehensive tobacco cessation services for pregnant women in medicaid and sec. 4207 amending section 7 of the Fair Labour Standards Act of 1938 and adds reasonable unpaid break time for nursing mothers.

Name of Act

Name of Act

Name of Act

Other source used

California - Paid Family Leave Insurance,
State of California - Employment Development Department - Paid Family Leave Insurance for workers covered by State Disability Insurance.

Other source used

Pregnancy Discrimination (The U.S. Equal Employment Opportunity Commission)

Other source used

"Protecting your health Insurance Coverage" Medicare booklet - Medicare. US Government Publicatons

Other source used

Other source used

MATERNITY, PATERNITY, AND ADOPTION LEAVE IN THE UNITED STATES
FACT SHEET
INSTITUTE FOR WOMEN’S POLICY RESEARCH
May 2011

Other source used

Other source used

Other source used

MATERNITY LEAVE

The Federal Family Medical Leave Act (FMLA) provides for 12 weeks of unpaid leave during a 12 month period for employees who need to:
care of a newborn, adopted, or foster child
care for a family member(parent, under 18 child, dependent adult child, or spouse) with a serious health condition; or
attend to the employee’s own serious health condition.
Nevertheless, there are State’s legislation enacted with further benefits in this sense.
BELOW YOU WILL FIND A SUMMARY OF THE SCOPE OF STATE’S LEGISLATION WITH DIFFERENT LEAVE LEGAL PROVISIONS. FURTHER DETAILS MAY BE OBTAINED THROUGH THE LINK OF THE SOURCE.
Alaska: covers State employees of State employers that qualify to take leave of absence Provides with 18 workweeks of leave within a 12-month period for pregnancy and childbirth.
Arizona: covers State Employers.Defines "parental leave" as any combination of annual leave, sick leave, compensatory leave, or leave without pay taken by an employee due to pregnancy, childbirth, miscarriage, abortion, or adoption of children.
Arkansas: Covers State employers.
California: Covers All employers with more than five employees.
Colorado: covers all employers
Connecticut:The state and its political subdivisions. All private employers with three or more employees.
Hawaii: Covers all employers with at least one employee.
Illinois: Covers State employers.
Iowa: Covers all employers who regularly employee more than four individuals.
Lousiana: Covers all employers with more than 25 employees.
Maryland: Covers all employers
Massachusetts: Covers all employers with six or more employees.
Missouri: Covers the state, its political subdivisions, and any person employing six or more persons.
Montana: Covers all employers with one or more employees.
New Hampshire: Covers all employers with six or more employees.
New Jersey:Covers all employers subject to N.J. unemployment compensation law, including the State of New Jersey.
New York:Covers all employers with four or more employees. All employers with one or more employees.
Oregon: Covers employers who employ 25 or more persons in the state for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken.
Pennsylvania:Covers the Commonwealth and its political subdivisions and any person employing four or more persons.
Puerto Rico: Covers all Employers.
Rhode Island: Covers business entities with 50 or more employees, the executive, legislative, and judicial branches of the state, including any state department or agency with any employees, any city or town or municipal agency with 30 or more employees.
Tennessee: Covers public employers and private employers with 8 or more employees within the state.
Vermont: Covers employers with 10 or more employees.
Virginia: Covers State employers.
Washington: Covers Public and private sector employers with 8 or more employees.
Wisconsin:State Employers.
Family and Medical Leave Act
National Conference of State Legislatures
State Pregnancy, Childbirth, and Adoption Leave Statutes

Scope

Under the Federal Legislation, employees working for private employers who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employees working for Public agencies, public elementary and secondary schools are covered regardless of the number of employees.
Family and Medical Leave Act 101(2)
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Qualifying conditions

Under the Federal Legislation, to be entitled to a Maternity leave under the Family and Medical Leave Act, a female employee must: a) work for an employer who employs 50 or more employees at the site or within 75 miles of the site; b) have worked for at least 12 months (consecutive or not) with the same employer; c) have worked at least 1250 hours over the previous 12 months. In addition, when the need is foreseeable and such notice is practicable, the employee is required to provide a 30-day notice before the date the leave is to begin except when the date of the birth requires leave in less than 30 days.
Family and Medical Leave Act 101(2); 102(e-1)

Duration


Compulsory leave

There is not compulsory leave
Family and Medical Leave Act

General total duration

12 weeks of unpaid, job-protected leave with continued group health insurance coverage, to be taken during a 12 months period after birth.
26 weeks for Members of the Armed Forces.
Family and Medical Leave Act 102, 401, 402
National Conference of State Legislatures
State Pregnancy, Childbirth, and Adoption Leave Statutes
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 12 weeks of unpaid, job-protected leave with continued group health insurance coverage, to be taken during a 12 months period after birth.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

Not provided
Family and Medical Leave Act

Leave in case of illness or complications

The leave regulated by the Federal Family Medical Leave Act may be taken for several reasons, one of them is sickness of the employee or a relative.
Family and Medical Leave Act sec.102

RELATED TYPES OF LEAVE


Parental leave

The Federal Family Medical Leave Act (FMLA) provides for 12 weeks of unpaid leave during any 12-month period for one or more of the following:

(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
Family and Medical Leave Act sec.102

Scope

Employees working for private employers who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employees working for Public agencies, public elementary and secondary schools are covered regardless of the number of employees.
Remarks: Leave for parents is formulated in the law gender neutral. Therefore, the same provisions apply to female and male employees (see also ’maternity leave’).
Family and Medical Leave Act sec.102

Qualifying conditions

To be entitled to leave under the Family and Medical Leave Act, an employee must: a) work for an employer who employs 50 or more employees at the site or within 75 miles of the site; b) have worked for at least 12 months (consecutive or not) with the same employer; c) have worked at least 1250 hours over the previous 12 months. In addition, when the need is foreseeable and such notice is practicable, the employee is required to provide a 30-day notice before the date the leave is to begin except when the date of the birth requires leave in less than 30 days.
Family and Medical Leave Act

Length

12 weeks
26 weeks for Members of the Armed Forces.
Family and Medical Leave Act sec.102

Paternity leave


Scope

Employees working for private employers who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employees working for Public agencies, public elementary and secondary schools are covered regardless of the number of employees.
Family and Medical Leave Act 101(2)
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Qualifying conditions

To be entitled to leave under the Family and Medical Leave Act, an employee must: a) work for an employer who employs 50 or more employees at the site or within 75 miles of the site; b) have worked for at least 12 months (consecutive or not) with the same employer; c) have worked at least 1250 hours over the previous 12 months. In addition, when the need is foreseeable and such notice is practicable, the employee is required to provide a 30-day notice before the date the leave is to begin except when the date of the birth requires leave in less than 30 days.
Family and Medical Leave Act 101(2), 102(e-1)

Length

12 weeks of unpaid, job-protected leave with continued group health insurance coverage, to be taken during a 12 month period after the birth of the child.
Family and Medical Leave Act 101, 401, 402
California - Paid Family Leave Insurance
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Adoption leave


Scope

There is no separate section on Adoption leave under the FMLA but the same relevant provisions on family leave apply to adoption leave.
Family and Medical Leave Act 101(2)
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Qualifying conditions

There is no separate section on Adoption leave under the FMLA but the same relevant provisions on family leave apply to adoption leave.
Family and Medical Leave Act 101(2); 102(e-1)
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Length

There is no separate section on Adoption leave under the FMLA but the same relevant provisions on maternity leave apply to adoption leave.
Family and Medical Leave Act 102, 401, 402
California - Paid Family Leave Insurance
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RIGHT TO PART-TIME WORK


General provisions

With the employer’s permission, the maternity/paternity leave may be taken in blocks of time or by reducing the normal weekly or daily work schedule.
Family and Medical Leave Act 102(b)

CASH BENEFITS

The Federal Family Medical Act (FMLA) provides for 12 weeks of unpaid leave during a 12-month period.
Nevertheless, a few States provide for paid family medical leaves under States legislation. BELOW THERE IS A SUMMARY ON STATE LEGAL PROVISIONS ON CASH BENEFITS, PLEASE CHECK THE LINK IN OUR SOURCES TO GET MORE DETAILS.

California, New Jersey, and Washington, offer paid, or partially paid family and medical leave.
In California paid leave is funded by a payroll tax on employees.
New Jersey extended its existing temporary disability Insurance system to administer paid leave, and also funds the program through an employee payroll tax.
In Washington, the legislature has allocated start-up funds but the funding mechanism has not yet been determined.
In Hawaii either the employer or the employee may elect to substitute paid leave. However, sick leave may not be substituted unless sick leave is normally granted for family leave purposes, or if both the employer and employee agree to the substitution.
New York includes also maternity in its disability insurance.
National Conference of State Legislatures
State Pregnancy, Childbirth, and Adoption Leave Statutes

Maternity leave benefits

Not provided at Federal Level.
Some States have included maternity in their disability insurance schemes.
Family and Medical Leave Act

Scope

There is no national program. Under the Family and Medical Leave Act, as a general rule leave is unpaid however, subject to certain conditions, an employee may choose or an employer may require the employee to use accrued paid leave (such as vacation leave, personal leave, medical or sick leave or paid medical leave) to cover some or all of the leave she/he is entitled under the Act. Cash benefit may be provided at the state level. For example, in California, since 2004, female and male employees are entitled to receive up to 55% of their salary for six weeks to take care in particular of a newborn or adopted child. It is financed by a .08 per cent increase in state disability insurance contributions from employee paychecks.
Family and Medical Leave Act 102(c)(d)
California - Paid Family Leave Insurance

Financing of benefits

Cash benefit may be provided at the state level. For example, in California, since 2004, female and male employees are entitled to receive up to 55% of their salary for six weeks to take care in particular of a newborn or adopted child. It is financed by a .08 per cent increase in state disability insurance contributions from employee paychecks.
California - Paid Family Leave Insurance
Historical data (year indicates year of data collection)
  • 2009: Cash benefit may be provided at the state level. For example, in California, since 2004, female and male employees are entitled to receive up to 55% of their salary for six weeks to take care in particular of a newborn or adopted child. It is financed by a .08 per cent increase in state disability insurance contributions from employee paychecks.
  • 2004: Unpaid
  • 1998: Unpaid
  • 1994: Unpaid

Parental leave benefits

Not provided at Federal Level.
Family and Medical Leave Act

Paternity leave benefits

Not provided at Federal Level.
Family and Medical Leave Act

Adoption leave benefits

Not provided at Federal Level.
Family and Medical Leave Act

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

The Newborns’ Act and its regulations provide that health plans and insurance issuers that offer maternity coverage may not restrict a mother’s or newborn’s benefits for a hospital length of stay that is connected to childbirth to less than 48 hours following delivery or 96 hours in the case of cesarean section and requires to pay for at least the 48 to 96 hour hospital stay. In addition a mother cannot be encouraged to accept less than these minimum protective time limits.
Coverage of comprehensive tobacco cessation services for pregnant women in medicaid.
Newborns’ Act 711(a)(b); 6 (pages 28-31)
"Protecting your health Insurance Coverage" Medicare booklet pages 28-31
The Patient Protection and Affordable Care Act 2010.
sec.4107 coverage of comprehensive tobacco cessation services for pregnant women in medicaid and sec. 4207 amending section 7 of the Fair Labour Standards Act of 1938 and adds reasonable unpaid break time for nursing mothers. sec. 4107

Financing of benefits

A covered employer is required to maintain group health insurance coverage for an employee on leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work.
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.In addition, pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions.
Family and Medical Leave Act 104(c-1)
Pregnancy Discrimination Act Part 1604 10

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

"An employer shall provide a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk."
The Patient Protection and Affordable Care Act 2010.
sec.4107 coverage of comprehensive tobacco cessation services for pregnant women in medicaid and sec. 4207 amending section 7 of the Fair Labour Standards Act of 1938 and adds reasonable unpaid break time for nursing mothers. Sec.4207

Remuneration of nursing breaks

unpaid
The Patient Protection and Affordable Care Act 2010.
sec.4107 coverage of comprehensive tobacco cessation services for pregnant women in medicaid and sec. 4207 amending section 7 of the Fair Labour Standards Act of 1938 and adds reasonable unpaid break time for nursing mothers. sec.4207

Transfer to another post

Not expressly mentioned.
Family and Medical Leave Act
Pregnancy Discrimination Act

Nursing facilities

"An employer shall provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
"An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business."
State law may provides greater protection to employees than this Act.
The Patient Protection and Affordable Care Act 2010.
sec.4107 coverage of comprehensive tobacco cessation services for pregnant women in medicaid and sec. 4207 amending section 7 of the Fair Labour Standards Act of 1938 and adds reasonable unpaid break time for nursing mothers. sec.4207

HEALTH PROTECTION


Arrangement of working time

The legislation on maternity protection and/or non discrimination in case of pregnancy do not regulate specifically arrangement of working time during pregnancy. A pregnant worker shall enjoy the same rights and benefits of regular employees. Therefore, in case a legal provision allows any worker to arrange his/her working time for personal reasons, these rights will be applicable to pregnant workers.
Pregnancy Discrimination Act
The Fair Labour Standards Act of 1938, as amended
Publication May 2011

Night work

No prohibition identified regarding female or pregnant worker performing night work.
Pregnancy Discrimination Act
The Fair Labour Standards Act of 1938, as amended
Publication May 2011

Overtime

No identified any prohibition of female or
pregnant worker night work.
The Fair Labour Standards Act of 1938, as amended
Publication May 2011
Pregnancy Discrimination Act

Work on rest days

No identified any prohibition on this matter
Pregnancy Discrimination Act
The Fair Labour Standards Act of 1938, as amended
Publication May 2011

Time off for medical examinations

Not identified
Family and Medical Leave Act
The Social Security Act

Leave in case of sickness of the child

An employee whether male or female is also entitle to leave for up to 12 workweeks of leave during any 12-month period for one or more of the following:
(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
The employee shall be an eligible employee to take this leave.
Family and Medical Leave Act Sec.102

Dangerous or unhealthy work

WORKERS’ FAMILY PROTECTION(a) Short title
Congress finds that--
A. hazardous chemicals and substances that can threaten the health and safety of workers are being transported out of industries on workers’ clothing and persons;
B. these chemicals and substances have the potential to pose an additional threat to the health and welfare of workers and their families;
C. additional information is needed concerning issues related to employee transported contaminant releases; and
D. additional regulations may be needed to prevent future releases of this type.

Purpose
It is the purpose of this section to--
(A) increase understanding and awareness concerning the extent and possible health impacts of the problems and incidents described in paragraph (1);
(B) prevent or mitigate future incidents of home contamination that could adversely affect the health and safety of workers and their families;
(C) clarify regulatory authority for preventing and responding to such incidents; and
(D) assist workers in redressing and responding to such incidents when they occur.
(c) Evaluation of employee transported contaminant releases
the "Occupational Safety and Health Act of 1970."
Occupational and Health Administration
OSHA

Risk assessment

Not express mention has been made about risk assessment during pregnancy. However, any employee or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or representative of the employer.
the "Occupational Safety and Health Act of 1970." Sec.11

» Assessment of workplace risks

The Secretary of Labor is authorized to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator,agent or employee.
the "Occupational Safety and Health Act of 1970." Sec.8.2
Occupational and Health Administration
OSHA

» Adaptation of conditions of work

Each employer:
shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
shall comply with occupational safety and health standards promulgated under this Act.
the "Occupational Safety and Health Act of 1970." Sec.5 duties a.

» Transfer to another post

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.
3 (29 C.F.R Part 1604.10)

» Paid/unpaid leave

an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:
D) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

This leave makes part of the group of leaves provided by the Family and Medical Leave Act, for scope and qualifying conditions please read the section of maternity leave which also applies for this unpaid leave in case of sickness.
Family and Medical Leave Act 102.2 b

» Right to return

In general.-Except as provided in subsection (b)(intermittently or reduced leave), any eligible employee who takes leave under section 102 for the intended purpose of the leave shall be entitled, on return from such leave (A) to be restored by the employer to the position of employment held by the employee when the leave commenced; or
(B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
Family and Medical Leave Act 104

Particular risks

There is a complex and wide legislation on occupational health. These are some examples of regulations that have established a risk assessment for both man and women in certain activities.

Regulations (Standards - 29 CFR) - Table of Contents
Part Number: 1910
Part Title: Occupational Safety and Health Standards
Subpart: Z
Subpart Title: Toxic and Hazardous Substances
Standard Number: 1910.1051 App C
Title: Medical Screening and Surveillance for 1,3-Butadiene (Non-Mandatory)

Workers may be concerned about the possibility that their BD
exposure may be affecting their ability to procreate a healthy child.
For workers with high exposures to BD, especially those who have
experienced difficulties in conceiving, miscarriages, or stillbirths,
appropriate medical and laboratory evaluation of fertility may be
necessary to determine if BD is having any adverse effect on the
reproductive system or on the health of the fetus.
The medical screening and surveillance program requires an initial
physical examination for workers exposed to BD; this examination is
repeated once every three years. The initial physical examination
should assess each workers baseline general health and rule out
clinical signs of medical conditions that may be caused by or
aggravated by occupational BD exposure. The physical examination
should be directed at identification of signs of lymphohematopoietic
disorders, including lymph node enlargement, splenomegaly, and
hepatomegaly.
The need for physical examinations for workers concerned about
adverse reproductive effects from their exposure to BD should be
identified by the physician or other licensed health care
professional and provided accordingly. For these workers, such
consultations and examinations may relate to developmental toxicity
and reproductive capacity.


Regulations (Standards - 29 CFR) - Table of Contents
Part Number: 1910
Part Title: Occupational Safety and Health Standards
Subpart: Z
Subpart Title: Toxic and Hazardous Substances
Standard Number: 1910.1025 App C
Title: Medical surveillance guidelines
The primary purpose of the Occupational Safety and Health Act of 1970 is to assure, so far as possible, safe and healthful working conditions for every working man and woman. The occupational health standard for inorganic lead(1) was promulgated to protect workers exposed to inorganic lead including metallic lead, all inorganic lead compounds and organic lead soaps.
Under this program, the blood lead level of all employees who are exposed to lead above the action level of 30 ug/m(3) is to be determined at least every six months. The frequency is increased to every two months for employees whose last blood lead level was between 40 ug/100 g whole blood and the level requiring employee medical removal to be discussed below. For employees who are removed from exposure to lead due to an elevated blood lead, a new blood lead level must be measured monthly. A zinc protoporphyrin (ZPP) is required on each occasion that a blood lead level measurement is made.

An annual medical examination and consultation performed under the guidelines discussed in Section 3 is to be made available to each employee for whom a blood test conducted at any time during the preceding 12 months indicated a blood lead level at or above 40 ug/100 g. Also, an examination is to be given to all employees prior to their assignment to an area in which airborne lead concentrations reach or exceed the action level. In addition, a medical examination must be provided as soon as possible after notification by an employee that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice regarding lead exposure and the ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during respirator use. An examination is also to be made available to each employee removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited or specially protected pursuant to medical recommendations.

Results of biological monitoring or the recommendations of an examining physician may necessitate removal of an employee from further lead exposure pursuant to the standards medical removal protection (MRP) program. The object of the MRP program is to provide temporary medical removal to workers either with substantially elevated blood lead levels or otherwise at risk of sustaining material health impairment from continued substantial exposure to lead. The following guidelines which are summarized in Table 2 were created under the standard for the temporary removal of an exposed employee and his or her subsequent return to work in an exposure area.

Part Number: 1910
Part Title: Occupational Safety and Health Standards
Subpart: Z
Subpart Title: Toxic and Hazardous Substances
Standard Number: 1910.1025 App A
Title: Substance data sheet for occupational exposure to lead
Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood.
(3) Health protection goals of the standard. Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that worker blood lead (PbB) levels be maintained at or below forty micrograms per one hundred grams of whole blood (40 ug/100g). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 ug/100g to minimize adverse reproductive health effects to the parents and to the developing fetus.

The measurement of your blood lead level is the most useful indicator of the amount of lead being absorbed by your body. Blood lead levels (PbB) are most often reported in units of milligrams (mg) or micrograms (ug) of lead (1 mg=1000 ug) per 100 grams (100g), 100 milliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometime PbBs are expressed in the form of mg% or ug%. This is a shorthand notation for 100g, 100 ml, or dl.
the "Occupational Safety and Health Act of 1970."
Occupational and Health Administration
OSHA

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

Not mentioned.
The Fair Labour Standards Act of 1938, as amended
Publication May 2011
the "Occupational Safety and Health Act of 1970."

» Work involving exposure to biological, chemical or physical agents

Please see field above concerning dangerous or unhealthy work.
the "Occupational Safety and Health Act of 1970."

» Working requiring special equilibrium

Not mentioned.
the "Occupational Safety and Health Act of 1970."
The Fair Labour Standards Act of 1938, as amended
Publication May 2011

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

There are several regulations on occupational safety on these risks applicable to all workers and not only for the benefit or protection of pregnant workers.
the "Occupational Safety and Health Act of 1970."
Occupational and Health Administration
OSHA

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

An employer cannot discriminate against an employee for opposing any practice made unlawful by the Family and Medical Leave Act.
Prohibition of Sex discrimination.
Under the Civil Rights Act and its amendment, the Pregnancy Discrimination Act, an employer with 15 or more employees cannot refuse to hire a pregnant employee because of her pregnancy or pregnancy-related condition.
Family and Medical Leave Act 105
The Fair Labour Standards Act of 1938, as amended
Publication May 2011
Civil Rights Act
Pregnancy Discrimination Act Section 1604 10

Prohibition of pregnancy testing

There is not an express legal prohibition on pregnancy tests. However, Titles I and V of the Americans with Disabilities Act, as amended prohibits employers before making an offer of employment, to ask job applicants about the existence, nature, or severity of a disability.
Pregnancy Discrimination Act

Protection from discriminatory dismissal

Under the Family and Medical Leave Act, an employer cannot dismiss or otherwise penalize an employee or threaten to do so because of maternity or adoption leave or intent to take leave. Upon the conclusion of maternity or parental leave, the employer shall reinstate the employee to the position the employee most recently held with the employer or an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. In addition the employee is entitled to all the employment benefits she/he earned before using the leave. However, under specified and limited circumstances where restauration to employment will cause substantial and grevious economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees (among the highest paid 10% of the employees working for the company within 75 miles of the facility).
Under the Civil Rights Act and its amendment, the Pregnancy Discrimination Act, an employer with 15 or more employees cannot dismiss a pregnant employee because of her pregnancy or pregnancy-related condition. In addition he must permit her to work as long as she is able to do so. Some States have laws that cover employers with less than 15 employees.
Family and Medical Leave Act 104, 104 (b); 105
Civil Rights Act
Pregnancy Discrimination Act Part 1604 10

Burden of proof

Not provided
Pregnancy Discrimination Act

Guaranteed right to return to work

Upon the conclusion of maternity or parental leave, the employer shall reinstate the employee to the position the employee most recently held with the employer or an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. In addition the employee is entitled to all the employment benefits she/he earned before using the leave. However, under specified and limited circumstances where restauration to employment will cause substantial and grevious economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees (among the highest paid 10% of the employees working for the company within 75 miles of the facility).
An employer with 15 or more employees must hold open a job for a pregnancy-related absence equal to the length of time jobs are held open for employees on sick or disability leave. Some States have laws that cover employers with less than 15 employees.
Family and Medical Leave Act 104(a),104 (b)
Civil Rights Act
Pregnancy Discrimination Act Part 1604 10

Results generated on: 07th December 2022 at 14:24:10.

 
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