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United States - Maternity protection - 2011


LAST UPDATE

24th October 2011


Parental leave

The Federal Family Medical Leave Act (FMLA) provides for 12 weeks of unpaid leave during any 12-month period for one or more of the following:

(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
Family and Medical Leave Act sec.102

Scope

Employees working for private employers who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employees working for Public agencies, public elementary and secondary schools are covered regardless of the number of employees.
Remarks: Leave for parents is formulated in the law gender neutral. Therefore, the same provisions apply to female and male employees (see also ’maternity leave’).
Family and Medical Leave Act sec.102

Qualifying conditions

To be entitled to leave under the Family and Medical Leave Act, an employee must: a) work for an employer who employs 50 or more employees at the site or within 75 miles of the site; b) have worked for at least 12 months (consecutive or not) with the same employer; c) have worked at least 1250 hours over the previous 12 months. In addition, when the need is foreseeable and such notice is practicable, the employee is required to provide a 30-day notice before the date the leave is to begin except when the date of the birth requires leave in less than 30 days.
Family and Medical Leave Act

Length

12 weeks
26 weeks for Members of the Armed Forces.
Family and Medical Leave Act sec.102


Paternity leave

Scope

Employees working for private employers who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employees working for Public agencies, public elementary and secondary schools are covered regardless of the number of employees.
Family and Medical Leave Act §101(2)
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Qualifying conditions

To be entitled to leave under the Family and Medical Leave Act, an employee must: a) work for an employer who employs 50 or more employees at the site or within 75 miles of the site; b) have worked for at least 12 months (consecutive or not) with the same employer; c) have worked at least 1250 hours over the previous 12 months. In addition, when the need is foreseeable and such notice is practicable, the employee is required to provide a 30-day notice before the date the leave is to begin except when the date of the birth requires leave in less than 30 days.
Family and Medical Leave Act §101(2), 102(e-1)

Length

12 weeks of unpaid, job-protected leave with continued group health insurance coverage, to be taken during a 12 month period after the birth of the child.
Family and Medical Leave Act §101, 401, 402
California - Paid Family Leave Insurance
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Parental leave benefits

Not provided at Federal Level.
Family and Medical Leave Act


Paternity leave benefits

Not provided at Federal Level.
Family and Medical Leave Act


Uruguay - Maternity protection - 2011


LAST UPDATE

17 March 2011


Paternity leave

Scope

All civil servants and workers in the private sector.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1

Qualifying conditions

To be entitled to patenity leave, civil servants have to present a medical certificate.
In case of workers in the private sector they will have to present to their employers the probatory documentation of the paternity in the 20 following days.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5

Length

Civil servants are entitled to ten days of paternity leave, whilst workers in the private sector to three days.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29 (Amended by the art.26 Act. 17930)
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5


Paternity leave benefits

Scope

All civil servants and workers in the private sector.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1

Qualifying conditions

To be entitled to patenity leave benefits, civil servants have to present a medical certificate.
In case of workers in the private sector they will have to present to their employers the probatory documentation of the paternity in the 20 following days.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5

Duration

Paternity benefits are enjoyable during the time of leave.
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1,art.5

Amount

During paternity leave, the worker will enjoy his salary as he would be working.
Act No. 18345 on workers in the private sector of 2 September 2008 Art.1
Act No. 16,104 Modifying the Regulatory Standards Governing Leave for Civil Servants Art.29

Financing of benefits

Not expressly mentioned in the legislation. However it seems that is the employer who pay the salary to the worker as if he would be working.
Act No. 18345 on workers in the private sector of 2 September 2008 Art.5


Uzbekistan - Maternity protection - 2011


LAST UPDATE

July 2012


Parental leave

Scope

On completion of maternity leave women are granted childcare leave, which may be used entirely or partially by the child’s father, grandmother and grandfather, or by another relative who actually takes care of the child. These leave provisions also apply in case of adoption or guardianship.
Labour Code §234 and 235

Length

On completion of maternity leave women shall be granted childcare leave until the child reaches the age of two years with an allowance for this period. On her request, she shall also be granted a complementary leave without pay to care for the child until the age of three years.
Labour Code §234


Parental leave benefits

Scope

On completion of maternity leave women are granted childcare leave, which may be used entirely or partially by the child’s father, grandmother and grandfather, or by another relative who actually takes care of the child. These leave provisions also apply in case of adoption or guardianship.
Labour Code §234, 235 and 238

Duration

On completion of maternity leave, until the child reaches the age of two years with an allowance for this period; on her request, she shall also be granted a complementary leave without pay to care for the child until the age of three years.
Labour Code §232 and 234

Amount

Mothers caring for children younger than age 2 may receive monthly paid leave equal to 20 per cent of the national minimum wage.
Labour Code §234
Uzbekistan, Social Security Programs Throughout the World: Asia and the Pacific, 2008

Financing of benefits

State social insurance scheme.
Labour Code §234, 284


Vanuatu - Maternity protection - 2011


LAST UPDATE



Parental leave

No provision for parental leave identified.


Paternity leave

No provision for paternity leave identified.


Parental leave benefits

No provision for parental leave benefits identified.


Paternity leave benefits

No provision for paternity leave benefits identified.


Venezuela - Maternity protection - 2011


LAST UPDATE

22 November 2011


Parental leave

Not provided.
Organic Labour Act
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.


Paternity leave

Fathers, will enjoy a paternity leave of fourteen (14) continuous days, since the date of born of his child.
This right also covers adoptive fathers.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Scope

The norm talk about fathers and there is not an express previous or general scope at the beginning of the norm.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Qualifying conditions

The male worker shall present to his employer a medical certificate regarding the date of born of his child as well as his condition of father of this child.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Length

14 continuous days.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9


Parental leave benefits

Not provided.
Organic Labour Act
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.


Paternity leave benefits

Scope

The law establishing the paid paternity leave talks about fathers and there is not a general, previous or special scope of the norm in order to exclude certain fathers. Nevertheless, considering that it has been established as qualifying condition the presentation by the male worker to the employer of a medical certificate regarding the date of born of the child, as well as the condition of worker as father of the child. It is possible to deduce that employees are entitled.
It is unknown whether or not there has been enacted a further Decree or Regulation on this, until the date this up-date has been done.

The Social Security governs the legal relationships and situations on the occasion of protection of Social Security affiliates and their beneficiaries in contingencies of maternity, old age, survivors, sickness, accidents,
disability, death, retirement, severance or unemployment.

They are protected by compulsory social insurance, permanent workers
under the jurisdiction of an employer without considering if is urban or rural sector.

By Regulation or Special Decree, the National Executive(President) may extend the scope to other categories of workers.

Par. 1: The National Executive will apply the compulsory social security regime to home-workers and domestic workers both casual or temporary.

Par. 2: The National Executive shall establish the Social Security
Optional for non-dependent workers and for non working women workers on the occasion of motherhood.

Article 3: People who serve the nation, states, territories,
Capital District, municipalities, autonomous institutions and people in general public moral, are covered by the Social Security system
Mandatory in cases of cash benefits for disability or partial incapacity, old age, survivors and marriage.

Insurance will apply medical care and cash benefits for temporary incapacity(maternity), when the Executive sees fit. To this end take the measures necessary to incorporate the healthcare services of the Ministries, Autonomous institutions and other public entities of the Venezuelan Institute Social Insurance.

For purposes of this Act, institutions and corporations above shall be considered employers.
All matters relating to the welfare and social security and members of the National Armed Forces will continue to be governed by special laws.

The members of producer cooperatives as well as employees of trade unions are also covered by this Social Security norm.

The National Executive will dictate the conditions and requirements for implementation of Compulsory Social Security in the cooperatives mentioned above.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9
Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.891 Extraordinary of July 31 of 2008. §1,2,3,4

Qualifying conditions

Medical certificate regarding the date of born of the child as well as a certificate regarding the condition of father of the child in the employee’s head.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Duration

14 days.
Eventually this paternity leave benefit may be extended for up to 14 more days in case of serious illness of the child or the mother(please read the field on leave for sickness of a child).
Law for equality of opportunities for women, Official registry No. 5.398 of October the 26th of 1999.
(Ley de Igualdad de oportunidades para la mujer) §9

Amount

100% of wages.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9

Financing of benefits

It is not clear whether or not this cash benefit is paid by employer’s in the form of salary during leave or by the Social Security, because neither the Decree No. 6.266 with rank and value of Law nor the Decree amending it mention paternity benefit as they expressly do with maternity benefit.

It is unknown whether a further regulation or decree has been enacted
on this subject at the time this up-date has been done.

In case this benefit is paid by the Social Security System, the Social Security System will be financed through:
Contributions paid by affiliates.
Remaining net capital for health and social security, which is accumulated for distribution and contribution of these services.
The amounts collected by way of moratorium rates originated
because of the late payment of contributions.
The amounts collected for fines, penalties or other similar nature.
Interest, rents, royalties and any other product from its assets and investments.
Law for Protection of Families, Maternity and Paternity, Official registry No.38.773 of September the 20th of 2007.
Ley Para Proteccion de las Familias, la Maternidad y la Paternidad, publicada en la gaceta oficial de la Republica Bolivariana de Venezuela No.38.773 del 20/09/2007.
§9
Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.891 Extraordinary of July 31 of 2008.
Law of Partial Reform Law of Decree No. 6266 with Rank, Value and Force of Law reforming the Social Security Act. Official registry No.5.976 of May 24 of 2010.
Ley de Reforma Parcial del Decreto No.6.266 con Rango, Valor y Fuerza de Ley de Reforma Parcial de la Ley del Seguro Social. Gaceta oficial No.5.976 Extraordinario del 24 de Mayo de 2010.


Viet Nam - Maternity protection - 2011


LAST UPDATE

29 August 2011


Parental leave

No entitlement to parental leave identified.


Paternity leave

No independent entitlement to paternity leave identified. However, if only the father or the mother is covered by social insurance or both the father and mother are covered by social insurance and the mother dies in childbirth, the father or the person directly nursing the newborn child is entitled to the maternity regime until the child is full 4 months old.
Law on Social Insurance 2006 §31(3)
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)

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Scope

The scope mirrors that of maternity leave entitlements.

Qualifying conditions

The father or the mother must be covered by compulsory insurance, and the mother must have died during childbirth, for the father (or primary care-giver) to be able to assume the maternity leave benefit.
Law on Social Insurance 2006 §31(3)
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)

Length

Four months from the date of the child’s birth.
Law on Social Insurance 2006 §31(3)


Parental leave benefits

No parental leave cash benefits entitlements identified.


Paternity leave benefits

No independent entitlement to paternity leave benefits identified. However, if only the father or the mother is covered by social insurance or both the father and mother are covered by social insurance and the mother dies in childbirth, the father or the person directly nursing the newborn child is entitled to the maternity leave benefit until the child is full 4 months old and to the 2 month lump-sum benfit under §34 Law on Social Insurance 2006.
Law on Social Insurance 2006 §§31(3), 34
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)

Scope

See scope of maternity leave benefits.

Qualifying conditions

See qualifying conditions of maternity leave benefits. Further, the mother must have died in childbirth for the father to acquire the entitlement.
Law on Social Insurance 2006 §§31(3), 35
Decree No. 152/2006 - Guidance on compulsory insurance requirements §15(3)

Duration

Up to 4 months from the child’s birth.
Law on Social Insurance 2006 §32

Amount

The level of maternity benefit is equivalent to 100 per cent of the wage on which the social insurance premiums are based prior to the last 6 months of taking leave of absence.
Law on Social Insurance 2006 §35

Financing of benefits

The maternity leave cash benefit is to be paid from social insurance funds. The social insurance funds shall be established from the following sources:
(a) The employer shall contribute a sum equivalent to fifteen (15) percent of the total balance of the wages fund;
(b) Each employee shall contribute five per cent of his wage;
(c) The State shall contribute and assist with additional funds to ensure the implementation of social insurance regimes for employees;
(d) Profits generated from the funds;
(dd) Other sources.
Law on Social Insurance 2006
Labour Code 1994 §149


Yemen - Maternity protection - 2011


LAST UPDATE

15 November 2011


Parental leave

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995


Paternity leave

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995


Parental leave benefits

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995


Paternity leave benefits

Not provided.
Presidential Legislative Order to Promulgate the Labour Code, Act No 5 of 1995


Zambia - Maternity protection - 2011


LAST UPDATE

July 2012


Paternity leave

Length

The State shall, in recognition of the importance of children to the future of society, the maternal role of women and nurturing role of both parents ensure the availability of adequate paternity leave.
Draft Constitution of the Republic of Zambia §54(3)(b)


Zimbabwe - Maternity protection - 2011


LAST UPDATE

July 2012


Parental leave

Length

Parental leave is not provided.
Labour Relations Act, 1984


Paternity leave

Length

Paternity leave is not provided. Although different types of leave are included within the regulations, including special leave due to death of a spouse, parent, child or legal dependant, male employees are not granted leave when their children are born.
Labour Relations Act, 1984 §14B

Results generated on: 28th March 2024 at 15:53:51.
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