Labour Code, 12 September 1961, as amended by the Decree of 24 February 1984, Le Moniteur, 1984-03-05, No. 18-A, 36 p. and by the Law of 5 June 2003 (Loi relative à lìnterdiction et à l`elimination de toutes formes d`abus, de violences, de mauvais traitements ou traitements inhumains contre les enfants; Le Moniteur No. 41 du jeudi 5 juin 2003)
Every pregnant woman is entitled, on production of a medical certificate stating the presumed date of childbirth, to maternity leave during which will be paid as if she would continue working.
All workers are equal before the law and enjoy equal protection and the same guarantees.
Labour Code Article 320, art.3
Qualifying conditions
To qualify for maternity leave, every pregnant women should submit to her employer a medical certificate indicating: a) the certificate of her pregnancy; b) the probable date of delivery; c) the starting date of the leave which shall be at least 4 weeks before the expected date of confinement.
Labour Code Article 324
Duration
Compulsory leave
The legislation states that 6 weeks of such leave shall be taken before confinement and 6 weeks after as long as the circumstances of the pregnancy permit it.
Labour Code Art.321, art.322
General total duration
The general total duration of the maternity leave is 12 weeks.
Labour Code Art.321
Historical data (year indicates year of data collection)
2009: 12 weeks.
2004: Twelve weeks
1998: Twelve weeks
1994: Twelve weeks
Extension
When the birth occurs after the expected date, the leave already taken will be extended until the effective date of birth, assuring that the worker will enjoy six weeks after confinement and therefore the total duration of the leave shall not be reduced.
In case of abortion or premature birth of a child the worker is entitled to an extension of paid leave of 2 to 4 weeks on the basis of the pay she was receiving at the date of commencement of such leave.
Labour Code Art.323, art.327
Leave in case of illness or complications
The legislation observes the possibility of taken a sickness or illness leave in case of temporary incapacity of work due to complications arising from the pregnancy, and so the worker shall remain in her post.
Labour Code Art. 326
RELATED TYPES OF LEAVE
Relevant provisions on other related types of leave have not been identified.
RIGHT TO PART-TIME WORK
Relevant provisions on right to part time work have not been identified.
CASH BENEFITS
Maternity leave benefits
Scope
Maternity benefit shall be granted to a female worker who is an insured person at the OFATMA.
No exclusions are made as for categories of workers.
Labour Code Art.321
Qualifying conditions
In addition to be an insured person in the OFATMA, provide the employer with a medical certificate for such leave.
Labour Code Article 321, art.324
Duration
12 weeks. The duration of the maternity benefits has the same duration to such leave.
Labour Code Art.321
Amount
100%. The amount of maternity leave benefits correspond to the amount that the worker would earn if she continued working.
Labour Code Article 320
Historical data (year indicates year of data collection)
2009: 100 per cent.
2004: One hundred percent for six weeks
1998: One hundred percent for six weeks
1994: One hundred percent for six weeks
Financing of benefits
Maternity leave benefits shall be paid by the Office of Workers’ Compensation Insurance, Maternity and Sickness (OFATMA) as long as the worker is an insured person.
Labour Code Article 321
Historical data (year indicates year of data collection)
2009: Maternity benefits are paid by the employer.
2004: Employer
1998: Employer
1994: Employer
MEDICAL BENEFITS
Relevant provisions on medical benefits have not been identified.
BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
The legislation states that every pregnant worker is entitled to 2 break periods of at least 30 minutes each in addition to normal lunch breaks and during the pregnancy. It is unclear if this period continues after confinement for nursing purposes.
Labour Code Article 329
Transfer to another post
If, as a result of pregnancy or childbirth the work performed by a female employee is dangerous or unhealthy and whether this fact is attested by a medical certificate, the employer must give the possibility to the worker of changing post within the same company.
Should this change impossible or impracticable, the woman is entitled to a leave without pay not exceeding 90 days, without prejudice to provisions relating to maternity leave.
Labour Code Article 328
HEALTH PROTECTION
Relevant provisions on health protection have not been identified.
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
Women have the same rights and same obligations as men in the rule of Labour Law.
Labour Code Article 316
Protection from discriminatory dismissal
It is abusive the interruption of any labour contract for reasons, among others, based in sex. Although no expressly mentioned, pregnancy reasons are implicitly included.
Labour Code Art.50
Guaranteed right to return to work
The employer shall keep the post of the female worker during her maternity leave or sick leave which it might benefited due to disability or illness arising from the state pregnancy.
Labour Code Art.326
Results generated on: 19th April 2024 at 15:28:11.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
