Remarks: Article 1 from the Labour Code states that it shall apply to all employers and workers having established an employement contract in Madagascar. No exclusions are made.
SOURCES
Name of Act
Labour Code, Act No. 2003-044 of 28 July 2004, Official Journal 2005-02-21, No. 2956, pp. 2489-2536.
Decree No. 62-152 to Prescribe the Conditions of Work of Children, Women and Pregnant Women, dated 28 March 1962, Official Journal, No. 216, 7 April 1962, p. 582
Name of Act
Decree No. 69-145 to Establish a Social Insurance Code, dated 8 April 1969, Official Journal, No. 642, 26 April 1969, p. 886, as amended up to Decree No. 94-471, dated 11 August 1994, Official Journal, No. 2271, 31 October 1994, pp. 2530-2531
Decree No. 89-210 Concerning Maternity Leave for Civil Servants, dated 18 July 1989 (Official Journal, No. 1957, 25 September 1989, unofficial translation
MATERNITY LEAVE
Scope
Every female worker has the right to interrupt her work for the period of 14 consecutive weeks when constated the state of pregnancy. From this period, at least 08 weeks hae to be taken after the birth. This interruption cannot be taken as motive for breaking a labour contract. The interruption can be extended for another 3 weeks in cases of attested sickness resulting from the pregnancy or the birth.
Labour Code §97(2)
Remarks: Article 1 from the Labour Code states that it shall apply to all employers and workers having established an employement contract in Madagascar. No exclusions are made.
Duration
Compulsory leave
Every female worker has the right to interrupt her work for the period of 14 consecutive weeks when constated the state of pregnancy. From this period, at least 08 weeks has to be taken after the birth. This interruption cannot be taken as motive for breaking a labour contract.
Labour Code §97(2)
General total duration
Fourteen consecutive weeks, including eight weeks following confinement.
Labour Code §97
Historical data (year indicates year of data collection)
2004: Fourteen weeks
1998: Fourteen weeks
1994: Fourteen weeks
Extension
The interruption can be extended for another 3 weeks in cases of attested sickness resulting from the pregnancy or the birth.
Labour Code §97
Leave in case of illness or complications
The interruption can be extended for another 3 weeks in cases of attested sickness resulting from the pregnancy or the birth.
Labour Code §97(2)
RELATED TYPES OF LEAVE
Paternity leave
Scope
The Labour Code does not have this particular leave but it entitles all workers covered by the law a 10 days leave a year for family events which could be used for new fathers. The law leaves it up to the parties concerned to agree upon payment of such leave.
Labour Code § 111
Length
The Labour Code does not have this particular leave but it entitles all workers covered by the law a 10 days leave a year for family events which could be used for new fathers. The law leaves it up to the parties concerned to agree upon payment of such leave.
Labour Code § 111
CASH BENEFITS
Maternity leave benefits
Scope
Women covered by the Labour Code, the Merchant Marine Code, students under 30 years of age and students undergoing vocational training, apprentices and taxi drivers who do not own their vehicles are included. Family workers are excluded. Public employees are covered by a special scheme.
Social Insurance Code §§ 128, 129, 130, 131, 132
Qualifying conditions
Women who have six consecutive months of employment, provided that the insured woman works a minimum of 20 days or 134 hours (18 days or 144 hours for agricultural workers) per month and earns at least the statutory minimum wage.
Labour Code §§ 128, 129, 130, 131, 132
Duration
Every female worker has the right to interrupt her work for the period of 14 consecutive weeks when constated the state of pregnancy. From this period, at least 08 weeks hae to be taken after the birth. This interruption cannot be taken as motive for breaking a labour contract. The interruption can be extended for another 3 weeks in cases of attested sickness resulting from the pregnancy or the birth.
Labour Code §97(2)
Amount
Fifty per cent of wages for the period of maternity leave for employees covered by the Labour Code paid by Social Insurance (CNAPS) and fifty percent by the employer. As a result, women workers receive an amount equal to her full salary during maternity leave.
Labour Code § 97 Social Insurance Code § 158
Historical data (year indicates year of data collection)
2004: One hundred percent
1998: One hundred percent
1994: Fifty percent
Financing of benefits
National Social Security Fund (50 percent) and the employer (50 percent) or, if the woman is not covered by the Fund, the employer shall pay the total amount of the salary.
Labour Code §97
Historical data (year indicates year of data collection)
2004: Fifty percent social security, fifty percent employer
1998: Fifty percent social security, fifty percent employer
1994: Social security
MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
During maternity leave, the worker is entitled, being the burden of the National Social Security Fund, or failing that, at the expense of the employer, to reimboursement of the fees paid for the birth, and in some cases of medical care, to the limit of the sanitary prices. She is also entitled to half of the salary she received at the moment of the interruption of work. She shall keep all in-kind payments she was receiving at that time.
Labour Code §97(4)
Financing of benefits
During maternity leave, the worker is entitled, being the burden of the National Social Security Fund, or failing that, at the expense of the employer, to reimboursement of the fees paid for the birth, and in some cases of medical care, to the limit of the sanitary prices. She is also entitled to half of the salary she received at the moment of the interruption of work. She shall keep all in-kind payments she was receiving at that time.
Labour Code §97(4)
BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
During 15 months from the birth, the female worker has the right to interrupt work in order to breasfeed.
The total time of the mentioned interruption, which shall be paid as regular working time, cannot exceed one hour per day of work.
Labour Code §98(1)(2)
Remuneration of nursing breaks
The total time of the mentioned interruption, which shall be paid as regular working time, cannot exceed one hour per day of work.
Labour Code §98(2)
Transfer to another post
The pregnant worker has the right to request to change to another position, if attested by a doctor of the intercompany or of the company’s medical service, or even from a recognised doctor.
Labour Code §96(1)
Nursing facilities
A special nursing room must be provided in or near enterprises employing more than 25 women.
Decree on Conditions of Work of Pregnant Women § 20
HEALTH PROTECTION
Arrangement of working time
The pregnant worker has the right to request to change to another position, if attested by a doctor of the intercompany or of the company’s medical service, or even from a recognised doctor.
During the change, the salary and its elements shall not be changed.
Labour Code §96
Dangerous or unhealthy work
Risk assessment
The types of work on which pregnant women may not be employed are to be specified by order. A pregnant woman, like other women workers, may request the labour inspector to order that she be examined by an approved medical practitioner in order to ascertain that the work which she is given is not beyond her strength. A woman may not be kept on any job which has been found to be beyond her strength. If more suitable work cannot be found, the contract is terminated with payment of compensation in lieu of notice.
Labour Code §§93 and 99
Risk assessment
No pregnant woman may be employed on any work which is beyond her strength, which involves hazards or which is of such nature or is carried out in such circumstances as to injure her morals.
Decree on Conditions of Work of Pregnant Women § 1
Particular risks
» Arduous work (manual lifting, carrying, pushing or pulling of loads)
During pregnancy and the three weeks following her return to work after confinement, a woman shall not carry, push or drag any load.
Decree on Conditions of Work of Pregnant Women § 6
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Protection from discriminatory dismissal
An employer may not dismiss a woman worker during maternity leave or during any extension due to certified illness resulting from pregnancy or confinement. A woman during pregnancy and the 15-month nursing period may leave her work without notice and without having to pay compensation for breach of contract.
Labour Code §§ 95, 98
Results generated on: 19th April 2024 at 17:49:53.
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