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The most recent international labour standards on maternity protection were adopted at the International Labour Conference in June 2000. These new standards build on over 80 years of ILO attention to maternity protection. The Maternity Protection Convention, 1919 (No. 3), was adopted in 1919, the year when the ILO was established. It provides for a basic level of protection that entitles women to 12 weeks' maternity leave with cash benefits to ensure continuity of income, daily breaks for nursing, and protection against dismissal during leave. It is noteworthy that, as early as 1919, cash benefits were to be paid out of public funds and by means of a system of insurance.
Adopted in 1952, the Maternity Protection Convention (Revised), 1952 (No. 103), provides further protection by extending leave entitlement to cover illness resulting from pregnancy or confinement, and expanding upon the types of medical benefits provided. An accompanying non-binding Recommendation, the Maternity Protection Recommendation (No. 95), encourages a higher standard in several areas, such as 14 weeks' maternity leave, an increase in the level of cash benefits, provision of nursing facilities, and specific protection of the health of employed women during the maternity period.
Under the Maternity Protection Convention, 2000 (No. 183), more categories of women workers are now covered, including those women employed in atypical forms of dependent work who until now often received no protection. The length of maternity leave is extended from 12 to 14 weeks, and health protection is specifically addressed for the first time by providing that a pregnant or breastfeeding woman is not obliged to perform work that is prejudicial or establishes a significant risk to the mother's health or that of her child. Protection from dismissal, although no longer absolute, now applies not only during maternity leave, but also during the entire pregnancy and a certain period of time after return to work. Women are also protected from discrimination in employment relating to maternity, and are entitled to a daily reduction of hours of work for breastfeeding without losing any pay. New developments under the Maternity Protection Recommendation, 2000 (No. 191), include provision for extension of maternity leave to at least 18 weeks, recognition of any leave under the Convention as a period of service, and parental leave entitlement following the expiry of maternity leave.
The preparatory reports and record of the discussions that took place at the Conference are available for reference.
What is your country doing to ensure maternity protection?
National laws designed to protect the health of mother and child and the employment rights of working women figure prominently in the legislation of almost all ILO member States. There are, however, important variations as regards the women who are covered, the extent of protection, the comprehensiveness of the protective schemes in force, and the respective responsibility of the State and of individual employers for the provision of cash benefits. For further information on maternity protection in ILO member States, click here.
To see whether your country has ratified Convention No. 3, Convention No. 103 or Convention No. 183, click here.
For further information on your country's laws, contact your Ministry of Labour. You may also be able to obtain information from employers' organizations and trade unions. |