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Albania - Maternity protection - 2011


LAST UPDATE

July 2012


Parental leave

Scope

The employee will be entitled to his/her wage with a leave of absence equal to no more than 12 days a year, in case of indispensable care for dependant children. The employee with dependant children of up to 3 years of age is entitled to paid leave no longer than 15 days when his/her child is sick. He/she is entitled to an additional leave of absence without pay, which may not be longer than 30 days a year. The leave is given to the spouse that effectively looks after the child. If such is not the case, then the leave will be given to both child’s mother and father on alternative basis.
Labour Code § 132

Scope

Up to 12 days a year for indispensable care for dependant child; up to 15 days for sickness of dependant children up to 3 years of age and an additional unpaid leave for up to 30 days a year.
Labour Code § 132


Paternity leave

SDF


Parental leave benefits

Scope

The employee will be entitled to his/her wage with a leave of absence equal to no more than 12 days a year, in case of indispensable care for dependant children. The employee with dependant children of up to 3 years of age is entitled to paid leave no longer than 15 days when his/her child is sick. He/she is entitled to an additional leave of absence without pay, which may not be longer than 30 days a year. The leave is given to the spouse that effectively looks after the child. If such is not the case, then the leave will be given to both child’s mother and father on alternative basis.
Labour Code § 132

Amount

Up to 12 days a year for indispensable care for dependant child; up to 15 days for sickness of dependant children up to 3 years of age and an additional unpaid leave for up to 30 days a year.
Labour Code § 132

Financing of benefits

Employer
Labour Code § 132


Algeria - Maternity protection - 2011


LAST UPDATE

04 April 2011.

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Paternity leave

Scope

Besides the cases of absences forseen in the social security legislation, the employee can benefit, once justified and notified the employer, of the following absences without loss of remuneration:

-Whenever one of the following family events happen:
worker’s marriage, birth of the worker’s child, marriage of one of the worker’s descendents, death of one of the worker’s parents, children or brother/sister (as well as from his spouse), death of the spouse, circumcision of one of his children.
In any of these cases, the worker is entitled to a 3 day leave.
Labour Relations Act §54

Qualifying conditions

The employee who intends to take this leave shall justify and notify the employer of his decision.
Labour Relations Act §54

Length

In any of these cases, the worker is entitled to a 3 day leave.
Labour Relations Act §54


Paternity leave benefits

Scope

Besides the cases of absences forseen in the social security legislation, the employee can benefit, once justified and notified the employer, of the following absences without loss of remuneration:

-Whenever one of the following family events happen:
worker’s marriage, birth of the worker¿s child, marriage of one of the worker’s descendents, death of one of the worker’s parents, children or brother/sister (as well as from his spouse), death of the spouse, circumcision of one of his children.
In any of these cases, the worker is entitled to a 3 day leave.
Labour Relations Act §54

Qualifying conditions

The employee who intends to take this leave shall justify and notify the employer of his decision.
Labour Relations Act §54

Duration

The worker is entitled to a 3 days paternity leave.
Labour Relations Act §54

Amount

The worker is entitled to leave without loss of wages.
Labour Relations Act §54

Financing of benefits

The worker is entitled to leave without loss of wages. Therefore, the employer shall pay for the paternity leave.
Labour Relations Act §54


Antigua and Barbuda - Maternity protection - 2011


LAST UPDATE

25 March 2011


Argentina - Maternity protection - 2011


LAST UPDATE

11 November 2011


Parental leave

Not provided
Act No. 20,744 on Employment Contracts


Paternity leave

Scope

Workers are entitled to paid paternity leave, with the exception of public, domestic and agricultural workers.
Act No. 20,744 on Employment Contracts §158

Qualifying conditions

There are not qualifying conditions.
Act No. 20,744 on Employment Contracts

Length

2 days.
Act No. 20,744 on Employment Contracts §158


Parental leave benefits

Not provided
Act No. 20,744 on Employment Contracts


Paternity leave benefits

Scope

Men who are privately employed, whatever the form of employment contract, beneficiaries of the Act on Labour Risks; beneficiaries of unemployment benefits; beneficiaries of the Act on the Integrated Retirement and Pensions System; and beneficiaries of the non-contributory pensions plan for disability, and national, provincial or municipal civil service employees. (Public sector usually is covered by special statutes that include maternity and paternity leave).
Excluded are domestic workers, without prejudice to the executive authority including them in the scope of application of the Act on Labour Risks
Act No. 20,744 on Employment Contracts

Qualifying conditions

There are not qualifying conditions to be entitled to paternity leave benefits.
Act No. 20,744 on Employment Contracts

Duration

2 days.
Act No. 20,744 on Employment Contracts §158a)

Amount

Regular pay.
Act No. 20,744 on Employment Contracts §155, 159

Financing of benefits

Employer.
Act No. 20,744 on Employment Contracts §158


Armenia - Maternity protection - 2011


LAST UPDATE

29 August 2011


Parental leave

Scope

Labor legislation and other normative legal acts shall be applied to labor relations in the territory of the Republic of Armenia regardless of the fact whether the work is performed in the Republic of Armenia or in another country with the instruction of the employer.

Parental leave before the child is three years of age shall be granted at the choice of the mother (step-mother), father (the step-father), grandmother, grandfather of the family or any other relatives, who are actually raising the child as well as of the employee who has been the guardian of the child. The leave may taken as a single period or be used in parts.

Although no expressly mentioned in the legislation, it seems to be unpaid.
Labour Code Art.7, art.173

Length

The length of parental leave runs from the date of delivery until the child reaches three years of age.
Labour Code Art.173


Paternity leave

Scope

Labor legislation and other normative legal acts shall be applied to labor relations in the territory of the Republic of Armenia regardless of the fact whether the work is performed in the Republic of Armenia or in another country with the instruction of the employer.

No relevant provisions on paternity leave identified. However, the Labour Code states that all male workers shall be granted their annual leave, at their request, during the pregnancy and the maternity leave of their wives.
Labour Code Art.7, art.164.5


Australia - Maternity protection - 2011


LAST UPDATE

7 March 2011


Paternity leave

A male employee will be entitled to take up to 12 months’ unpaid parental leave upon the birth of his own child, or a child of his spouse or de facto partner, if he has or will have a responsibility for the care of the child. This entitlement is reduced by any period of extended leave taken by his spouse or de facto partner under s76.

The employee will also have the right to request an extended period of leave of up to 12 months, less any period of parental or special maternity leave taken by his spouse or de facto partner.

The only substantive difference between the leave entitements of male and female employees is the date on which the leave must commence. Specifically, a male emloyee’s period of leave must start on the date of birth of the child or immediately after the end of any leave taken by his spouse or de facto partner.
Fair Work Act 2009 §§70,71, 72, 74, 75, 76

Scope

The parental leave provisions of the Fair Work Act apply to all employees whose employment falls within the geographic application of the Act.
Fair Work Act 2009 For general scope of provisions, see Division 5 of Part 2-2 of Chapter 2
For extension to non-national system employees see Division 2 of Part 6-3 of Chapter 6
For geographical application of the Act, see Division 3 of Part 1-3 of Chapter 1

Qualifying conditions

In order to qualify for parental leave, an employee must:
(a) have worked for the employer for a continuous period of 12 months as at the date of commencement of the parental leave;
(b) if a casual employee, have worked on a regular and systematic basis over the course of that 12 month period and have a reasonable expectation of ongoing employment;
(c) have, or be going to have during the period of parental leave, a responsibility for the care of the child;
(d) provide at least 10 weeks’ written notice and evidence of the actual or expected date of birth of the child.
Fair Work Act 2009 §§67, 70, 74

Length

Employees who qualify for unpaid parental leave are entitled to 12 months’ leave, less any period of special maternity leave taken by the mother during the pregnancy. Where the employee is a member of an employee couple, the length of the employee’s entitlement will also be reduced by any extension period taken by the employee’s partner under s76 of the Fair Work Act.

A male employee’s period of parental leave must commence on the date of the birth of the child or immediately after the end of the period of leave taken by his spouse or de facto partner.

Parental leave is to be taken as a single continuous period of leave. The only exception to this rule is where a couple exercises the right to take up to 3 weeks of concurrent parental leave at the time of the birth. In such cases, one employee may take part of his or her unpaid parental leave entitlement within 3 weeks’ of the child’s birth and recommence his or her leave when his or her partner returns to work.

Male employees are entitled to the same entitlements to extend a period of unpaid parental leave as female employees (see above ’Maternity Leave - Extension’)
Fair Work Act 2009 §§70, 71, 72, 75, 76


Parental leave benefits

Minimum parental leave cash benefits are provided for in the Paid Parental Leave Act 2010.
Paid Parental Leave Act 2010

Scope

The Paid Parental Leave Act applies broadly to Australian residents who take a leave of absence from regular paid work to assume primary responsibility for the care of a child.
Paid Parental Leave Act 2010 §§3A, 31

Qualifying conditions

The entitlement to parental leave pay arises upon determination by the Secretary of the administering government department. For a determination to be made in respect of a person, he or she must be eligible and have made an effective claim for parental leave pay.

To be eligible for parental leave pay under the Paid Parental Leave Act, a person must, at the time that they become the child’s primary carer:
(a) have performed at least 330 hours of paid work during at least 10 of the preceding 13 months, whether as an employee, contractor or self-employed person;
(b) have earned less than $150,000 in the year preceding the birth;
(b) be an Australian resident;
(c) be the primary carer of the child (or, in the event that the child is stillborn or has died, have intended to be the primary carer of the child);
(d) not be performing paid work during the period for which parental leave pay is claimed; and
(e) not be entitled to the baby bonus.
Paid Parental Leave Act 2010 §§ 8, 9, 10
For entitlement determinations - see Division 2 of Part 2-2 of Chapter 2
For eligibility requirements - see Part 2-3 of Chapter 2
For rules about claims - see Part 2-4 of Chapter 2

Duration

The parental leave pay is available to new parents within 12 months of the birth of a child or, in the case of adoption, the placement of the child with the parents. A claim must be made in the period from 97 days before the expected date of birth to the day before the child’s first birthday.
Paid Parental Leave Act 2010 §§11, 60

Amount

The parental leave pay entitlement is up to 18 weeks’ pay at the federal minimum wage, as set in accordance with s287 of the Fair Work Act 2009. The amount payable is to be calculated at a rate of 7.6 hours for each day to which the employee is entitled parental leave pay.

An entitlement arising under the Paid Parental Leave Act 2010 does not affect a person’s entitlement to other parental leave-related cash benefits under statute, an industrial instrument or contract.
Paid Parental Leave Act 2010 §§65, 99A
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Financing of benefits

Although parental leave payments may be made by the employer, the cash benefit entitlements arising under the Paid Parental Leave Act 2010 are ultimately financed by the federal government, administered by the Family Assistance Office.
Paid Parental Leave Act 2010 §75
Australian Government Family Assistance Office


Austria - Maternity protection - 2011


LAST UPDATE

24 November 2011.


Parental leave

Scope

Unless hereinafter specified otherwise, the employee shall, at his request, be granted parental leave until the child¿s second birthday without remuneration, if he lives in the same household with the child; simultaneous parental leave of the two parents shall not be admissible, except for the case specified in Section 3 Para. 2.

Unless hereinafter specified otherwise, the employee shall, at her request, be granted parental leave subsequent to the period set out under Section 5 Paras. 1 and 2 until the child¿s second birthday without remuneration, if she lives in the same household with the child. The same shall apply, if the employee took paid annual leave subsequent to the period set out under Section 5 Paras. 1 and 2 or if she was not able to work due to illness or an accident.
Parental Leave for Fathers Act §2(1)
Maternity Protection Act §15(1)

Qualifying conditions

The employee shall notify the employer of the beginning and duration of parental leave by the end of the period set out under Section 5 Para. 1 at the latest. The employee may notify her employer no later than three months, or if the parental leave period is shorter than three months, no later than two months prior to the end of her parental leave that and until when she will extend parental leave. Notwithstanding the expiry of these notification periods, parental leave pursuant to Para. 1 may be agreed.

If the employee takes parental leave as of the earliest possible date (Paras. 2 or 3), he shall notify his employer of the beginning and the duration of parental leave eight weeks after the child¿s birth at the latest. The employee may notify his employer no later than three months, or if the parental leave period is shorter than three months, no later than two months prior to the end of his parental leave that and until when he will extend parental leave. Notwithstanding the expiry of these notification periods, parental leave pursuant to Para. 1 may be agreed.
Maternity Protection Act §15(3)
Parental Leave for Fathers Act §2(5)

Length

Unless hereinafter specified otherwise, the employee shall, at his request, be granted parental leave until the child¿s second birthday without remuneration, if he lives in the same household with the child; simultaneous parental leave of the two parents shall not be admissible, except for the case specified in Section 3 Para. 2.

Parental leave pursuant to Para. 2 may be split two times and taken alternately with the child¿s mother. Each share of parental leave must be at least two months and shall begin at the point of time specified in Sections 2 Para. 2 or 3 or immediately subsequent to a parental leave period taken by the mother.
On the occasion of the first change in the person caring for the child, the employee may take parental leave at the same time as the mother for a period of one month, with the entitlement to parental leave ending one month prior to the point of time stipulated under Section 2 Para. 1 or Section 4 Para. 1 third sentence.

The employee may agree with the employer that he postpones three months of his parental leave and takes it before the child¿s seventh birthday, unless hereinafter specified otherwise. In this context, the requirements of the business and the reason for taking parental leave shall be taken into account. However, postponed parental leave may only be taken if the parental leave pursuant to Section 2 or 3 has ended at the end of the child¿s 21st month of age at the latest, if the child¿s mother also takes postponed parental leave, at the end of the child¿s 18th month of age.

Unless hereinafter specified otherwise, the employee shall, at her request, be granted parental leave subsequent to the period set out under Section 5 Paras. 1 and 2 until the child¿s second birthday without remuneration, if she lives in the same household with the child. The same shall apply, if the employee took paid annual leave subsequent to the period set out under Section 5 Paras. 1 and 2 or if she was not able to work due to illness or an accident.

Parental leave may be shared with the child¿s father and split two times. Each share of the employee¿s parental leave must amount to at least two months. It has to be taken up at the point of time specified in Section 15 Para. 1 or immediately subsequent to the parental leave taken by the father.

The employee may agree with the employer that she postpones three months of her parental leave and takes it before the child¿s seventh birthday, unless hereinafter specified otherwise. In this context, the requirements of the business and the reason for taking parental leave shall be taken into account. However, postponed parental leave may only be taken if the parental leave pursuant to Sections 15 or 15a has ended
1. at the end of the child¿s 21st month of age,
2. if the father also takes postponed parental leave, at the end of the child¿s 18th month of age at the latest.
Parental Leave for Fathers Act §2(1), 3(1)(2), 4(1)
Maternity Protection Act §15(1), 15a(1), 15b(1)


Paternity leave

No relevant provisions identified.


Parental leave benefits

Qualifying conditions

Unless hereinafter specified otherwise, the employee shall, at her request, be granted parental leave subsequent to the period set out under Section 5 Paras. 1 and 2 until the child¿s second birthday without remuneration, if she lives in the same household with the child. The same shall apply, if the employee took paid annual leave subsequent to the period set out under Section 5 Paras. 1 and 2 or if she was not able to work due to illness or an accident.

Unless hereinafter specified otherwise, the employee shall, at his request, be granted parental leave until the child¿s second birthday without remuneration, if he lives in the same household with the child; simultaneous parental leave of the two parents shall not be admissible, except for the case specified in Section 3 Para. 2.

A child care benefit (Kinderbetreuungsgeld) is in general available to a mother or a father who shares a household with a child and whose personal income does not exceed 16.200 per year.
Father and mother may not receive child care benefit at the same time; child care benefits may not be paid while the mother receives maternity leave benefits.
Maternity Protection Act §15(1)
Parental Leave for Fathers Act §2(1)
Child Care Benefit Act §2(1)

Duration

The right to child care benefit exists at most from the birth of the child onwards until the child is 36 months old and amounts to 14,53 ¿ per day. A supplement of 6,06 ¿ per day is available in certain cases.
The right to child care benefit may be changed twice between the parents; every period of child care benefit payment has to last at least 3 months.
Child Care Benefit Act §§4, 5(1), 9, 10
Child Care Benefit Act §5(3)

Financing of benefits

Statutory Health Insurance.
Child Care Benefit Act §24(1)


Paternity leave benefits

No relevant provisions identified.


Azerbaijan - Maternity protection - 2011


LAST UPDATE

July 2012


Parental leave

Scope

A single parent or another family member who is directly caring for a child until the age of 3, shall be eligible for partially-paid social leave. An employee caring for a child may use partially-paid social leave completely or in part at his/her discretion.
Labour Code §127

Length

Until the child reaches 3 years of age.
Labour Code §127


Paternity leave

Scope

Men whose wives are on maternity leave.
Labour Code §130

Length

14 calendar days (unpaid)
Labour Code §130


Paternity leave benefits

Financing of benefits

Unpaid
Labour Code §130


Bahamas - Maternity protection - 2011


LAST UPDATE

6 October 2011


Paternity leave

Scope

An employee who has been employed for at least six months is entitled to family leave without pay for a period not exceeding one week per annum following the birth of a child.
Employment Act §20

Qualifying conditions

To qualify for family leave, an employee must have been employed for at least six months and is required to provide to the satisfaction of the employer evidence of birth.
Employment Act §20

Length

The length of family leave is one week per annum.
Employment Act §20


Parental leave benefits

Amount

Where an employee has been granted maternity leave and the employee dies during such leave, the guardian of the child shall be entitled to any unpaid maternity benefits due to the mother from her employer and the National Insurance Board.
Employment Act §18(4)


Bangladesh - Maternity protection - 2011


LAST UPDATE

4 March 2011


Parental leave benefits

No provision for parental leave benefits identified.


Paternity leave benefits

No provision for paternity leave benefits identified.

Results generated on: 20th June 2021 at 07:22:58.
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