Remarks: The website of the NIS (National Insurance Scheme) of Barbados provides relevant and updated information regarding maternity benefits. http://www.nis.gov.bb/index_.cfm?section=Benefits&subsection=Maternity Grant/Benefit
Parental leave benefits
Scope
A maternity grant shall be paid where a child is born to a single man and a single woman who have been living together for a periodof not less than 2 years immediately preceding the date of confinement.
National Insurance and Social Security (Benefit) Regulations §17B
Belarus - Maternity protection - 2011
LAST UPDATE
July 2012
Parental leave
Scope
Working mother or father or other relative of the child to whom the custody of the child has been assigned.
Labour Code §185
Length
Until the child reaches three years of age.
Labour Code §185
Paternity leave
None.
Parental leave benefits
Scope
Partially paid leave on childcare can be used by the mother, the father of the child or other relatives, who take care of the child.
Labour Code §271
Qualifying conditions
Persons covered should have paid contributions to the budget of the state social insurance.
Law of the Republic of Belarus on the Fundamentals of the State Social Insurance §8
Duration
The partially paid leave for childcare can be used continously or partially, until the child reaches the age of three years.
Act of 30 October 1992 on State benefits for families raising children §14
Amount
Childcare benefits amount to 80 per cent of the minimum subsistence wage (1 February 2009 - 30 April 2009: 187,500 rubles).
Act of 30 October 1992 on State benefits for families raising children §4 Decree of the Ministry of Labour and Social Protection No. 17 of 26 January 2009 §1.4
Financing of benefits
Benefits shall be paid out of the state social insurance fund. Contributors to the state social insurance are the following: -employed persons; -entrepreneurs; -citizens, who perform work under a civic agreement with natural persons (self employed); -persons working in the field of art; -foreign nationals and stateless persons, working in the Republic of Belarus.
Law of the Republic of Belarus on the Fundamentals of the State Social Insurance §7
Belgium - Maternity protection - 2011
LAST UPDATE
17 September 2012
Remarks: The website of the Belgium Public Federal Service of Justice provides a very completed legal database in French and Dutch. http://www.ejustice.just.fgov.be/loi/loi.htm
The website of the National Labour Council of Belgium provides the whole text of all Collective Agreements concluded within this Council. http://www.cnt-nar.be/Cct-liste.htm
The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue provides detailed information concerning Belgium Labour Regulations, among other issues, on maternity protection. http://www.emploi.belgique.be/defaultTab.aspx?id=534
Parental leave
Scope
Workers may interrupt their career if they wish to spend more time in the care of their child or childīs education. In this case, parental leave provisions may apply to male and female workers employed in the public and private sector and persons working under the authority of another person.
The entitlement to this leave shall be established upon the birth of a child (or the time when the child is registered as a member of the family in the municipality of residence of the parent worker).
To this respect, the right to parental leave shall lapse when the child reaches the age of 12 years old. In case of adoption or physical or mental incapacity of the child, the right shall lapse when the child reaches the age of 21 years old.
Each parent shall have an independent right to parental leave, which shall not be transferable.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Arts.1, 2, 3 The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
Qualifying conditions
In order to be entitled to enjoy parental leave, the worker shall have performed at least twelve months of employment by the same employer within the fifteen months preceding the written notification of the employee of the intended date of leave.
The employee shall notify her/his employer of the intention to take parental leave from 2 to 3 months before the expected date of leave. This period can be reduced in agreement with the employer. Parental leave suspends the execution of the contract of employment.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art.4, 5, 6
Length
The employee is entitled to a 4 month period of leave and can decide to choose between three options or even to change from one option to another until the 4 month limit is reached; 1. The employee may opt to take the 4 month period continuously. 2. The employee, if he/she works full-time, can reduce her/his working time by 1/2 for 8 months (or can split the 8 month period of half-time work into several periods of no less than two months each). 3. The employee may reduce her/his working time by 1/5 for 20 months (or to split the 20 months of 1/5ths working time into several periods of no less than 5 months each).
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art.2
Paternity leave
Scope
The entitlement to paternity leave shall apply to all workers in the private sector, and to workers in public sector who are not under statutory relationship.
Act concerning Contracts of Employment Art.1
Qualifying conditions
The employer must be given notice as soon as possible before the commencement of leave.
Act concerning Contracts of Employment Art.30(2)
Length
Every worker shall be entitled to absent from work for 10 days, chosen at his best convenience, within the 4 months after the date of the birth of a child of whom the worker has been legally recognized as the father. The three first days are full paid by the employer and the other seven days are paid by the compulsory sickness and disability insurance scheme in the amount of 82% of his gross salary.
In case of death or hospitalisation of the mother, the legislation provides that the father may take the remainder unused period of maternity leave in order to ensure the care of the child.
Act concerning Contracts of Employment Art.30(2) Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.221 Royal Decree of 17 October 1994 Art.2,3 The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
Parental leave benefits
Scope
The provisions of parental leave, including the enjoyment of benefits, may apply to male and female workers employed in the public and private sector and persons working under the authority of another person.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art.1
Amount
Workers who interrupt their career receive a flat rate benefit of 679,59 euro per month for a full-time career break. The enjoyment of cash benefits for the 4th month applies to workers who have had a child or have adopted a child from the 8 of March 2012.
The flat rate amounts to 313,25 euro per month (for workers under 50 years old) or to 531,35 per month (for workers over 50 years old) for a working time reduced by 1/2. The flat rate amounts to 106,28 euro per month and 142,91 euro per month for single workers (for workers under 50 years old) or to 212,54 euro per month (for workers over 50 years old) for a working time reduced by a 1/5. The employee is entitled to a proportional amount to his/her working hours in case of part-time jobs.
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art. 10 (AR 6) The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
Financing of benefits
Interruption allowance is financed by the social security (unemployment scheme).
Royal Decree Regarding the Establishment of a Parental Leave in the Framework of Interruption of Professional Career Art. 10 (AR 19) The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
Paternity leave benefits
Scope
All workers who are compulsorily insured under the sickness and indemnity scheme: Workers (including contractual employees in the public service), persons who are incapacitated for work, and registered unemployed workers.
Act concerning Compulsory Sickness and Indemnity Insurance Scheme Art.86-112 Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.223bis The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
Amount
Every worker irrespective of the type of work; whether in full or part time basis, shall be entitled to enjoy 10 days of paternity benefits.
To this respect, for the first three days, the worker shall be entitled to the 100% of remuneration paid by the employer. The remaining seven days are paid by the sickness and indemnity insurance scheme at 82% of the preceding average remuneration. In case of postnatal leave taken by the father due to the death or hospitalisation of the mother, 60% of the preceding average remuneration is granted by social security.
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Arts. 221, 222, 223 bis The website of the Belgian Federal Public Service Employment, Labour and Social Dialogue.
Financing of benefits
The three first days are paid by the employer and the remaining seven, by the social security.
Royal Decree to Execute the Act Respecting Compulsory Sickness and Indemnity Insurance Scheme Art.223 bis
Belize - Maternity protection - 2011
LAST UPDATE
23 September 2011
Paternity leave benefits
Scope
An insured male worker is entitled to a maternity grant, if his wife is not entitled to such grant, and if he satisfies the conditions for the entitlement to this benefit.
Social Security (Benefit ) Regulations §16(2)
Qualifying conditions
The same conditions as for maternity grant to be enjoyed by an insured female worker.
Social Security (Benefit ) Regulations §10
Duration
The insured male worker shall be entitled to enjoy maternity grant only once in a contribution year.
Social Security (Benefit ) Regulations §16(2)
Amount
The amount of maternity grant shall be three hundred dollars
Social Security (Benefit ) Regulations §16(3)
Benin - Maternity protection - 2011
LAST UPDATE
3 November 2011
Parental leave
Not provided
Labour Code
Paternity leave
Not provided
Labour Code
Parental leave benefits
Not provided
Labour Code Act n° 98-019 of 21 March 2003, Social Security Code
Paternity leave benefits
Not provided
Labour Code Act n° 98-019 of 21 March 2003, Social Security Code
Bolivia - Maternity protection - 2011
LAST UPDATE
November the 2nd of 2011
Parental leave
Not provided
General Labour Act
Paternity leave
Not provided
General Labour Act
Parental leave benefits
Not provided
General Labour Act
Paternity leave benefits
Not provided
General Labour Act
Bosnia and Herzegovina - Maternity protection - 2011
LAST UPDATE
July 2012
Parental leave
Scope
Federation of Bosnia and Herzegovina: One of the parents may take parental leave, if this is stipulated in the collective agreement or the rulebook. During absence from work for this time, the rights and obligations deriving from employment shall be at rest.
Labour Code of the Federation of Bosnia and Herzegovina §61
Remarks: An employer employing over 15 employees shall bring and publicize a rulebook, regulating the salaries, the work organization and other issues relevant for the employees and the employer, in accordance with the law and the collective agreement. In bringing the rulebook, the employer shall mandatorily consult with the works council or the trade union. Labour Code of the Federation of Bosnia and Herzegovina: §107
Qualifying conditions
Federation of Bosnia and Herzegovina: The right to parental leave is to be stipulated in a collective agreement or the rulebook (see: scope).
Labour Code of the Federation of Bosnia and Herzegovina §61 and 107
Length
Federation of Bosnia and Herzegovina: Until the child’s third birthday.
Labour Code of the Federation of Bosnia and Herzegovina §61
Paternity leave
Scope
All regions: An employee whose wife gives birth to a child.
Labour Code of the Federation of Bosnia and Herzegovina §4 and 46 Law on Labour of the Republic of Srpska §60 Labour Code of the District of Brcko §37(1)
Length
Federation of Bosnia and Herzegovina: Up to seven working days in one calendar year.
Republic of Srpska/ District of Brsko: Up to three working days within one calendar year.
Labour Code of the Federation of Bosnia and Herzegovina §46 Law on Labour of the Republic of Srpska §60 Labour Code of the District of Brcko §37(1)
Paternity leave benefits
Scope
All regions: Employees taking leave for confinement of their spouses.
Labour Code of the Federation of Bosnia and Herzegovina §46 Law on Labour of the Republic of Srpska §60 Labour Code of the District of Brcko §37(1)
Duration
Federation of Bosnia and Herzegovina: Up to seven working days in one calendar year.
District of Brcko/Republic of Srpska: Up to three working days in one calendar year.
Labour Code of the Federation of Bosnia and Herzegovina §46 Labour Code of the District of Brcko §37(1) Law on Labour of the Republic of Srpska §60
Amount
All regions: Paid (not specified)
Labour Code of the Federation of Bosnia and Herzegovina §46 Law on Labour of the Republic of Srpska §60 Labour Code of the District of Brcko §37(1)
Financing of benefits
n.a.
Botswana - Maternity protection - 2011
LAST UPDATE
23 November 2011
Parental leave
Not provided.
Employment Act
Paternity leave
Not provided.
Employment Act
Parental leave benefits
Not provided.
Employment Act
Paternity leave benefits
Not provided.
Employment Act
Brazil - Maternity protection - 2011
LAST UPDATE
18 February 2011.
Remarks: Article 7 of the Consolidation of Labour Law states that it shall not apply - unless said expressely otherwise in a specific legislation - to domestic workers, rural workers - more specifically those working directly with agriculture and livestock - public servants, or any other person working within a public administration institution.
Paternity leave
Scope
All fathers.
Constitution of the Federative Republic of Brazil §7(XIX), Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]
Length
5 days
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]
Paternity leave benefits
Duration
5 days (starting the first working day after childbirth).
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]
Amount
100 per cent
Constitution of the Federative Republic of Brazil Temporary constitutional provisions Act §10 [(II-b-1), part of the Constitution]
Financing of benefits
Employer.
Bulgaria - Maternity protection - 2012
LAST UPDATE
July 2012
Parental leave
Scope
Mother or under specified circumstances the father or a grandparent of the child (see under ’length’).
Labour Code §163, 164(1), (3), (8), 164a, 165, 167a(1)(6)
Length
Following the maternity leave, the mother or - with the consent of the mother - the father (adoptive father) may take leave for up to 189 days after the child has reached 6 months of age. Furthermore, the (natural or adoptive) mother, or with her consent or if she dies or becomes severely ill, the father (adoptive father) or one of their parents in case they work under an employment relationship, may take additional paid leave up to the child`s 2nd birthday (from the fourth child onwards: 6 months), if the child is not placed in a child-care establishment. From the fourth child onwards unpaid leave may be taken for the remainder until the child is 2 years of age. Following this, any of the parents (adopters), if they work under a labour contract and the child has not been placed in an institution on a full public support, shall have the right to use unpaid leave up to 6 months for taking care of a child before it becomes 8 years old. The leave may be used only once, or in several periods (not less than 5 workdays at a time).
Labour Code:§ 163, 164(1), (3), (8), 164a, 165, 167a(1)(6)
Paternity leave
Scope
A father who is married to the mother or living in the same household.
Labour Code:§163(7)
Length
15 days leave at the birth of child from the date of discharge of the child from hospital.
Labour Code:§163(7)
Parental leave benefits
Scope
The mother (adoptive mother) or the father (adoptive father) instead of the mother (adoptive mother) or by the person responsible for caring of the child, when the parental leave and/or the additional paid leave for care of a small child is used by one of these persons, and if the person is insured for all insurance risks.
Social Insurance Code §53(1) and (2), 48a
Qualifying conditions
12 months insured employment.
Social Insurance Code §48a
Duration
183 days. After the expiration of the benefit for pregnancy and birth, during the additional paid leave for care of a small child (for raising a first, second, and third child until they reach 2 years of age, and 6 months for each subsequent child), the mother (adoptive mother) or the father (adoptive father), shall be paid a monthly cash benefit in an amount determined in the Public Social Security Budget Act.
Social Insurance Code §49, 50(7), 53(1)(2)(4)
Remarks: The period of 183 days is calculated by deducting from 410 days parental leave period the 227 days exclusively reserved to the mother.
Amount
90 per cent of the average daily wage of the insured income (for 183 days).
Social Insurance Code §49
Financing of benefits
State public insurance (the General Sickness and Maternity Fund).
Social Insurance Code §2, 18 and 25
Remarks: The revenue of the General Sickness and Maternity Fund shall be raised from: (1) social insurance contributions; (2) amounts from the state budget for social insurance of government employees and regular duty military staff and amounts from the judicial authorities budget for judges, prosecutors, investigators, bailiffs, recordation judges and court employees; (3) revenue as provided for by other laws for general sickness and maternity insurance; (4) fees as determined in a tariff of the Council of Ministers; (5) interest and dividends; (6) donations and inheritances; (7) other sources
Paternity leave benefits
Scope
Fathers insured for all insurance risks, who take paternity leave.
Social Insurance Code §50(6), 48a
Qualifying conditions
12 months insured employment.
Social Insurance Code §48a
Duration
15 days.
Social Insurance Code §50(6)
Amount
90 per cent of the average daily wage or of the insured income.
Social Insurance Code §49, 50
Remarks: The daily cash benefit may not be smaller than the minimum daily wage established for the country and may not exceed the average daily net wage for the period for which the benefit is calculated.
Financing of benefits
State public insurance
Social Insurance Code §2, 18, 50(6)
Results generated on: 23rd April 2024 at 12:45:27.
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