Cameroon - Maternity protection - 2011

4 December 2011

Labour Code Law No. 92/007, dated 14 August 1992.

Family Allowance Code, Act No. 67-LF-7, dated 12 June 1967, Official Yearbook of the Ministry of Labour of 1993, pp. 215-218, as amended by Law No. 2001/018 of 16 December 2001

Ordinance Fixing the Conditions of Attribution and the Modes of Payment of the Family Allowances , Ordinance No. 007-MTLS-DPS, dated 14 April 1970 established by Act No. 67 -LF-7 dated 12 June 1967, Official Yearbook of the Ministry of Labour of 1993, pp. 218-221

Ordinance Relating to the Employment of Women, Ordinance No. 16 of 1969, dated 27 May 1969, Official Journal, 1 June 1969, No. 10, pp.936

Homepage of the Social Security of Cameroon

Maternity leave is granted all women employees as well as apprentices. It does not cover employees in the Public Service, the Judicial and Legal Service, the Army, the National Security, Prison Administration and to auxiliary staff.

Without prejudice to article 91 of the Labour Code, a pregnant woman cannot be employed during the period of 4 weeks preceeding the birth, subject to her having attested her state to her employer. This prohibition applys also for the period of 6 weeks after the birth.

Every pregnant woman is entitled to maternity leave for a period of 14 weeks, starting 4 weeks before the birth. This leave can be extended in 6 weeks in case of illness duly attested and resulting either from the birth or the pregnancy. During the period of maternity leave, the employer cannot terminate the employment contract of the woman.

Where the confinement occurs before the due date, the rest period shall be extended so that the worker receives the full 14 weeks of leave to which she is entitled. Where the confinement occurs after the due date, leave taken before may be extended to the date of confinement without such extension leading to the reduction of the postnatal leave. Maternity leave may be extended by 6 weeks in case of a duly certified illness resulting either from the pregnancy or confinement.

Maternity leave may be extended by 6 weeks in case of a duly certified illness resulting either from the pregnancy or confinement.

The law does not include explicit provisions about paternity leave. However, employees can take a maximum of ten days per year of paid special leave of absence, not deductible from annual leave on the occasion of family events directly concerning their own home.

Every employee covered by the labour code can receive family benefits. The Social Security provides various types of cash benefits before and after childbirth (prenatal allowances, maternity allowances and daily allowances for salaried workers when they stop work to give birth).

Prenatal allowance:
The woman has to be employed or spouses of a male employee. She has to notify her pregnancy to the National Social Insurance Fund. She has to undergo two medical examinations, one within the 3rd and 4th month of pregnancy, which shall indicate the presumed date of confinement and another examination within the beginning of the 7th and the end of the 8th month of pregnancy. Women receive their allowances in two payments, one after the first medical examination and the other after the second medical examination. If women do not comply with the condition of undergoing medical examinations, the allowance is not granted.

Maternity allowance:
The woman has to be employed or spouses of a male worker. She has to present a medical certificate indicating that the child is born, to the National Social Insurance Fund and she has to declare to the civil authorities the birth of the child and present an official birth certificate to the Fund within 12 months after the birth.

Prenantal allowances:
two payments of 8.100 Cameroon Francs after each of the medical examinations.

Maternity allowance:
100% of the amount of wages received before maternity leave for the period of maternity leave (e.g. 14 weeks). Maternity benefits are paid in one amount after birth or immediately when they are claimed.

The National Social Insurance Fund.

Full wages during a maximum of 10 days per year.

The employer.

Medical benefits include the 2 medical examinations that women shall undergo to receive prenatal allowances, medical care for confinement and a medical examination for the child when he/she reaches 6 months of age.

The National Social Insurance Fund.

For a period of 15 months following the birth of the child the mother shall be entitled to nursing breaks.
The total duration of the breaks shall be of one hour per day. It can be taken in several parts according to the rules of the enterprise or the agreement of the parties.

The total duration of nursing breaks for mothers breasfeeding shall be of 1 hour per day, during working time and paid as such.

In enterprises where more than 50 women are permanently employed, a clean, separate nursing room near the place of work with seats, drinking water, and facilities for heating bottles and food must be provided.

Night work (from 10 pm to 6 am) in industries shall be prohibited for women, except when their work consists of management duties or they work in services not involving manual labour.

A pregnant woman, like other women workers, may request the labour inspector to order an examination by an approved medical practitioner in order to ascertain that the work which is given to her is not beyond her strength.

A woman may not be kept on any job which has been found to be beyond her strength, and must be transferred to more suitable work. If this is not possible, the contract is terminated without notice and without either party being responsible.

In general, work exceeding women’ s strength, dangerous or unhealthy work and work of immoral nature are prohibited for women.

No pregnant woman may be required to carry, push or drag loads which are beyond her strength during pregnancy and the 3 months following confinement.

An employer may not dismiss a woman because of her pregnancy or during maternity leave. However, a woman worker whose pregnancy has been medically certified or who is nursing her child may terminate her employment contract without notice and without being obliged to pay compensation on that account.