Remarks: Article 3 (Labour Code): Exclusion from the scope of application Every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subjected to the provisions of this law, except for matters that may be provided for by Prime Minister¿s orders. The person dealing with family agricultural, breeding, commercial or industrial activities shall not be subjected to the provisions of this law, except for provisions relating to health and safety at workplace as well as to prohibitions for child labour and for pregnant or breastfeeding women. The informal sector worker is not subjected to provisions of this law, except for issues relating to social security, the trade union organizations and those relating to health and safety at workplace.
Every employed woman has the right to a maternity leave of twelve (12) consecutive weeks. This woman may decide to start benefiting from this leave two (2) weeks before the tentative date of delivery.
Labour Act §64(1)
Remarks: Article 3 (Labour Code): Exclusion from the scope of application Every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subjected to the provisions of this law, except for matters that may be provided for by Prime Minister¿s orders. The person dealing with family agricultural, breeding, commercial or industrial activities shall not be subjected to the provisions of this law, except for provisions relating to health and safety at workplace as well as to prohibitions for child labour and for pregnant or breastfeeding women. The informal sector worker is not subjected to provisions of this law, except for issues relating to social security, the trade union organizations and those relating to health and safety at workplace.
Duration
General total duration
Every employed woman has the right to a maternity leave of twelve (12) consecutive weeks. This woman may decide to start benefiting from this leave two (2) weeks before the tentative date of delivery.
A woman who delivers a still-born or whose infant of less than one month of age is dead shall benefit from a leave of four (4) weeks as of the day the event occured.
Labour Act §64
Historical data (year indicates year of data collection)
2009: 12 weeks.
2004: Twelve weeks
1998: Twelve weeks
1994: Twelve weeks
Extension
A woman on maternity leave can extend the leave by an additional 6 months following medical certification of her inability to resume work.
NATIONAL SOCIAL SECURITY POLICY p.15
Leave in case of illness or complications
Should there be any complications due to delivery and which are ascertained by a recognized doctor, the employer shall grant to the woman a paid prolonged maternity leave in addition up to a maximum of one month in accordance with the provisions of Article 66 of this Law.
Likewise, in case of complications bound to delivery or congenital state and which are certified by a recognized doctor, the employer allows the woman to take a paid prolonged maternity leave of one month maximum, in order to protect the childs health in conformity with Article 66 of this Law.
Labour Act §69
RELATED TYPES OF LEAVE
Paternity leave
Unless there are more favourable provisions agreed, the worker is entitled to the following family leaves, without loss of salary:
Mariage of the worker: 2 working days; Birth of a child: 4 working days; Death of the spouse: 6 working days; Death of an ascedent or a direct descendent of first degree: 3 working days; Death of a brother or a sister: 2 working days; Death of the father-in-law or mother-in-law: 2 working days; Death of a brother-in-law or a sister-in-law: 1 working day; Moving away of the worker to another province or district: 2 working days.
Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave. §1
Remarks: Article 3 (Labour Code): Exclusion from the scope of application Every person employed under the general statutes for the Rwanda public service or every person under specific statutes shall not be subjected to the provisions of this law, except for matters that may be provided for by Prime Minister¿s orders. The person dealing with family agricultural, breeding, commercial or industrial activities shall not be subjected to the provisions of this law, except for provisions relating to health and safety at workplace as well as to prohibitions for child labour and for pregnant or breastfeeding women. The informal sector worker is not subjected to provisions of this law, except for issues relating to social security, the trade union organizations and those relating to health and safety at workplace.
Length
The paternity leaves length is of 4 working days.
Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave. §1
CASH BENEFITS
Maternity leave benefits
Scope
Every employed woman has the right to a maternity leave of twelve (12) consecutive weeks. This woman may decide to start benefiting from this leave two (2) weeks before the tentative date of delivery.
Labour Act §64
Amount
The mother with no maternity insurance coverage shall, during the first six (6) weeks of her maternity leave, have the right to her entire salary. During the last six (6) weeks of her maternity leave, this mother may either resume service and receive her full salary or else, have the right to twenty per cent (20%) of her salary. She shall also keep enjoying the right to other types of benefits.
During the maternity leave, a woman is entitled to receive 2/3 of her usual salary.
Labour Act §66 NATIONAL SOCIAL SECURITY POLICY p.15
Historical data (year indicates year of data collection)
2009: The mother with no maternity insurance coverage shall, during the first six weeks of her maternity leave, have the right to her entire salary.
During the last six weeks of her maternity leave, this mother may either resume service and receive her full salary or else, have the right to twenty per cent of her salary.
2004: Two-thirds
1998: Two-thirds
1994: Two-thirds
Financing of benefits
Employer pays maternity leave benefits a pay-as-you-go basis. The law states that the employer is required to fund maternity leave until the setting up of a maternity branch.
Maternity leave and leave for sickness are currently covered by the employers who continue to pay the salary of the concerned employees with no counterpart in production. The consequence is that in most cases employees are obliged to shorten their leave in order to not lose their jobs, and most of the employers in private sector will practice de facto discrimination against young women.
NATIONAL SOCIAL SECURITY POLICY p. 15, 19
Historical data (year indicates year of data collection)
2009: Employer.
2004: Employer
1998: Employer
1994: Employer
Paternity leave benefits
Unless there are more favourable provisions agreed, the worker is entitled to the following family leaves, without loss of salary:
Birth of a child: 4 working days;
Ministerial Decree 12/19, from 14/03/2003 on circumstantial leave. §1
BREASTFEEDING
For a twelve month period starting from the day on which an infant is born, every employed woman is entitled to a rest period of one (1) hour per day, to allow her to breastfeed the child.
However, a mother who resumes service for the last six (6) weeks of her maternity leave shall have the right to a rest period of two (2) hours per day untill the time which is specified in the first paragraph of article 64, is expired.
The legal rest granted to mothers who breastfeed shall be deducted from the work time and shall be paid.
Labour Act §65
HEALTH PROTECTION
Dangerous or unhealthy work
Pregnant or breastfeeding woman shall not be employed in activities which may be harmfull to their lives or to those of their babies.
An order of the Minister in charge of Labour shall determine the nature of those works prohibited to pregnant or breastfeeding women.
Labour Act §74
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
It shall be forbidden to directly or indirectly subject a worker to gender based violence or moral harassment within the context of work.
It shall be forbidden to directly or indirectly make any discrimination aiming at denying the worker the right to equal opportunity or to the salary especially when the discrimination is based upon the following: 1. Race, color, or origin; 2. sex, marital status or family responsibilities; 3. religion, beliefs or political opinions; 4. social or economic conditions; 5. country of origin; 6. disability; 7. previous, current or future pregnancy; 8. any other type of discrimination.
Labour Act §9, 12
Guaranteed right to return to work
The employer shall not give to employed woman a notice of contract termination which is included in her maternity leave. At the end of maternity leave, the woman shall resume her work or be given another post with the same position and salary as she used to have before she was on maternity leave.
Labour Act §67
Results generated on: 28th March 2024 at 20:26:49.
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