Cameroon - Maternity protection - 2011
LAST UPDATE
SOURCES
Name of Act
Labour Code Law No. 92/007, dated 14 August 1992. Name of Act
Family Allowance Code, Act No. 67-LF-7, dated 12 June 1967, Official Yearbook of the Ministry of Labour of 1993, pp. 215-218, as amended by Law No. 2001/018 of 16 December 2001  Name of Act
Ordinance Fixing the Conditions of Attribution and the Modes of Payment of the Family Allowances , Ordinance No. 007-MTLS-DPS, dated 14 April 1970 established by Act No. 67 -LF-7 dated 12 June 1967, Official Yearbook of the Ministry of Labour of 1993, pp. 218-221 Name of Act
Ordinance Relating to the Employment of Women, Ordinance No. 16 of 1969, dated 27 May 1969, Official Journal, 1 June 1969, No. 10, pp.936 Other source used
Homepage of the Social Security of Cameroon MATERNITY LEAVE
Scope
Maternity leave is granted all women employees as well as apprentices. It does not cover employees in the Public Service, the Judicial and Legal Service, the Army, the National Security, Prison Administration and to auxiliary staff. Labour Code § 1 Duration
Compulsory leave
Without prejudice to article 91 of the Labour Code, a pregnant woman cannot be employed during the period of 4 weeks preceeding the birth, subject to her having attested her state to her employer. This prohibition applys also for the period of 6 weeks after the birth. Ordinance Relating to the Employment of Women §16 General total duration
Every pregnant woman is entitled to maternity leave for a period of 14 weeks, starting 4 weeks before the birth. This leave can be extended in 6 weeks in case of illness duly attested and resulting either from the birth or the pregnancy. During the period of maternity leave, the employer cannot terminate the employment contract of the woman. Labour Code §84(2) Historical data (year indicates year of data collection)
- 2009: 14 weeks.
- 2004: Fourteen weeks
- 1998: Fourteen weeks
- 1994: Fourteen weeks
Extension
Where the confinement occurs before the due date, the rest period shall be extended so that the worker receives the full 14 weeks of leave to which she is entitled. Where the confinement occurs after the due date, leave taken before may be extended to the date of confinement without such extension leading to the reduction of the postnatal leave. Maternity leave may be extended by 6 weeks in case of a duly certified illness resulting either from the pregnancy or confinement. Labour Code § 84 Leave in case of illness or complications
Maternity leave may be extended by 6 weeks in case of a duly certified illness resulting either from the pregnancy or confinement. Labour Code §84(2) RELATED TYPES OF LEAVE
Paternity leave
The law does not include explicit provisions about paternity leave. However, employees can take a maximum of ten days per year of paid special leave of absence, not deductible from annual leave on the occasion of family events directly concerning their own home. Labour Code § 89 CASH BENEFITS
Maternity leave benefits
Scope
Every employee covered by the labour code can receive family benefits. The Social Security provides various types of cash benefits before and after childbirth (prenatal allowances, maternity allowances and daily allowances for salaried workers when they stop work to give birth). Labour Code §1
Homepage of the Social Security of Cameroon Qualifying conditions
Prenatal allowance: The woman has to be employed or spouses of a male employee. She has to notify her pregnancy to the National Social Insurance Fund. She has to undergo two medical examinations, one within the 3rd and 4th month of pregnancy, which shall indicate the presumed date of confinement and another examination within the beginning of the 7th and the end of the 8th month of pregnancy. Women receive their allowances in two payments, one after the first medical examination and the other after the second medical examination. If women do not comply with the condition of undergoing medical examinations, the allowance is not granted. Maternity allowance: The woman has to be employed or spouses of a male worker. She has to present a medical certificate indicating that the child is born, to the National Social Insurance Fund and she has to declare to the civil authorities the birth of the child and present an official birth certificate to the Fund within 12 months after the birth. Family Allowance Code §14, 17, 25
Ordinance Fixing the Conditions of Attribution and the Modes of Payment of the Family Allowances §8, 9, 13
Homepage of the Social Security of Cameroon Amount
Prenantal allowances: two payments of 8.100 Cameroon Francs after each of the medical examinations. Maternity allowance: 100% of the amount of wages received before maternity leave for the period of maternity leave (e.g. 14 weeks). Maternity benefits are paid in one amount after birth or immediately when they are claimed. Labour Code §84
Homepage of the Social Security of Cameroon
Family Allowance Code §13, 14, 17, 25
Ordinance Fixing the Conditions of Attribution and the Modes of Payment of the Family Allowances §10, 11, 14 Historical data (year indicates year of data collection)
- 2009: Prenantal allowances: two payments of 8.100 Cameroon Francs after each of the medical examinations.
Maternity allowance: 100% of the amount of wages received before maternity leave for the period of maternity leave (e.g. 14 weeks). Maternity benefits are paid in one amount after birth or immediately when they are claimed.
- 2004: One hundred percent
- 1998: One hundred percent
- 1994: One hundred percent
Financing of benefits
The National Social Insurance Fund. Labour Code § 84 Historical data (year indicates year of data collection)
- 2009: The National Social Insurance Fund.
- 2004: Social security
- 1998: Social security
- 1994: Social security
Paternity leave benefits
Full wages during a maximum of 10 days per year. Labour Code § 89 Financing of benefits
The employer. Labour Code § 89 MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
Medical benefits include the 2 medical examinations that women shall undergo to receive prenatal allowances, medical care for confinement and a medical examination for the child when he/she reaches 6 months of age. Family Allowance Code
Ordinance Fixing the Conditions of Attribution and the Modes of Payment of the Family Allowances
Homepage of the Social Security of Cameroon Financing of benefits
The National Social Insurance Fund. Family Allowance Code BREASTFEEDING
Right to nursing breaks or daily reduction of hours of work
For a period of 15 months following the birth of the child the mother shall be entitled to nursing breaks. The total duration of the breaks shall be of one hour per day. It can be taken in several parts according to the rules of the enterprise or the agreement of the parties. Labour Code §85(1)
Ordinance Relating to the Employment of Women §18 Remuneration of nursing breaks
The total duration of nursing breaks for mothers breasfeeding shall be of 1 hour per day, during working time and paid as such. Ordinance Relating to the Employment of Women §18(1) Nursing facilities
In enterprises where more than 50 women are permanently employed, a clean, separate nursing room near the place of work with seats, drinking water, and facilities for heating bottles and food must be provided. Ordinance Relating to the Employment of Women §19(2) HEALTH PROTECTION
Arrangement of working time
Night work
Night work (from 10 pm to 6 am) in industries shall be prohibited for women, except when their work consists of management duties or they work in services not involving manual labour. Labour Code §82(2)(3) Dangerous or unhealthy work
Risk assessment
» Assessment of workplace risks
A pregnant woman, like other women workers, may request the labour inspector to order an examination by an approved medical practitioner in order to ascertain that the work which is given to her is not beyond her strength. Labour Code §87(1) » Transfer to another post
A woman may not be kept on any job which has been found to be beyond her strength, and must be transferred to more suitable work. If this is not possible, the contract is terminated without notice and without either party being responsible. Labour Code §87(2) Particular risks
In general, work exceeding women’ s strength, dangerous or unhealthy work and work of immoral nature are prohibited for women. Ordinance Relating to the Employment of Women §6, 7, 8, 9, 10, 11, 12, 13, 14, 15 » Arduous work (manual lifting, carrying, pushing or pulling of loads)
No pregnant woman may be required to carry, push or drag loads which are beyond her strength during pregnancy and the 3 months following confinement. Ordinance Relating to the Employment of Women §7(1), 17 NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Protection from discriminatory dismissal
An employer may not dismiss a woman because of her pregnancy or during maternity leave. However, a woman worker whose pregnancy has been medically certified or who is nursing her child may terminate her employment contract without notice and without being obliged to pay compensation on that account. Labour Code §84(1), 85(3)
Malta - Maternity protection - 2011
LAST UPDATE
SOURCES
Name of Act
Parental Leave Entitlement Regulations (Legal Notice 225) dated 2 September 2003. As amended to Legal Notices 427 and 430 of 2007. Name of Act
Social Security Act X of 1987. As amended up to Act II of 2009 and Legal Notice 143 of 2009. Name of Act
Protection of Maternity at Workplaces Regulations dated 1 January 2001. Legal Notice 92 of 2000. Name of Act
Conditions of Employment (Regulation) Act (Chapter 135) dated 22 March 1952. enacted by Act XI of 1952 as amended to VII of 1986 and XXIV of 1995. Name of Act
Employment and Industrial Relations Act (Chapter 452) dated 27 December 2002. As amended to Act V of 2009. Name of Act
Protection of Maternity (Employment) Regulations, dated 5 January 2004. Legal Notice 439 of 2003 as amended by Legal Notices 427 and 431 of 2007 and Protection of Maternity (Employment) (Amendment) Regulations, 2007 Other source used
Ministry for the Family and Social Solidarity. Information about Maternity Benefit. Other source used
MISSOC 2006 (Mutual information system on social protection) - Situation on 1 January 2006. MATERNITY LEAVE
Scope
Citizens of Malta and their spouses provided that the claimant is ordinarily resident in Malta. Social Security Act §71 Qualifying conditions
The female employee has to inform her employer about her pregnancy 4 weeks prior to the expected date of her confinement. Protection of Maternity (Employment) Regulations §8 Duration
Compulsory leave
6 weeks to be taken after the date of confinement. Protection of Maternity (Employment) Regulations §6(2)(a) General total duration
14 weeks. The Maternity leave shall be taken as follows: 6 weeks compulsorily immediately after the date of confinement, 4 weeks before the expected date of confinement unless otherwise agreed between the employer and the employee and the remaining weeks before or after the confinement as the employee may request. Protection of Maternity (Employment) Regulations §6 Historical data (year indicates year of data collection)
- 2012: 14 weeks.
The Maternity leave shall be taken as follows: 6 weeks compulsorily immediately after the date of confinement, 4 weeks before the expected date of confinement unless otherwise agreed between the employer and the employee and the remaining weeks before or after the confinement as the employee may request.
- 2009: 14 weeks.
The Maternity leave shall be taken as follows: 6 weeks compulsorily immediately after the date of confinement, 4 weeks before the expected date of confinement unless otherwise agreed between the employer and the employee and the remaining weeks before or after the confinement as the employee may request.
- 2004: Fourteen weeks
- 1998: Thirteen weeks
- 1994: Thirteen weeks
Extension
When there is an occupational risk that could jeopardise the health and safety of an employee who is pregnant, breastfeeding or has recently given birth, the employee is entitled to a special maternity leave. The special maternity leave is an up to 8 weeks leave period taken continuously or in an interrupted manner.During this period, the employer shall pay the employee a special allowance equivalent to the rate of the sickness benefit in terms of the Social Security Act. Protection of Maternity (Employment) Regulations §3(5) RELATED TYPES OF LEAVE
Parental leave
Scope
Parental leave is an individual right of both male and female workers whether whole-time or part-time employees. Parental Leave Entitlement Regulations §3(1) Qualifying conditions
The employee shall have been in the employment of the same employer for a continuous period of at least twelve months unless a shorter period of entitlement has been established in an individual or a collective agreement applicable to the employee. The employer shall be notified that parental leave will be taken and of its duration at the latest three weeks before the leave begins. However, the employer may postpone the granting of parental leave for "justifiable reasons" provided that the employee is informed within two weeks of receipt of the employee’s notice and without prejudice to the employee’s right to take the parental leave entitlement at the latest before the child reaches eight years of age. Unless the employer and the employee agree otherwise, the employer shall not, during the period of parental leave, have the right to request the employee to return to work ad the employee shall have no right to return to work prior to the agreed date. Parental Leave Entitlement Regulations §3, §4, §6, and §7 Length
An eligible employee is entitled to an unpaid leave of absence of up to 3 months to care for his/her new-born or adopted child until the child reaches 8 years of age. The leave may be shared by both parents in established periods of one month each whether on a full-time or part-time basis, in a piecemeal way or in the form of a time credit system as agreed between the employer together with the employee. Parental Leave Entitlement Regulations §6(1) and §4 Adoption leave
Scope
Parental leave is an individual right of both male and female workers whether whole-time or part-time employees. Parental Leave Entitlement Regulations §3(1) Qualifying conditions
The entitlement to parental leave by adoptive parents, shall commence from the date when the employee provides the employer with evidence that the legal proceedings necessary for the adoption have been completed and received an official acceptance by the appropriate authorities. Parental Leave Entitlement Regulations §5 Length
An eligible employee is entitled to an unpaid leave of absence of up to 3 months to care for his/her new-born or adopted child until the child reaches 8 years of age. The leave may be shared by both parents in established periods of one month each whether on a full-time or part-time basis, in a piecemeal way or in the form of a time credit system as agreed between the employer together with the employee. Parental Leave Entitlement Regulations §6(1) and §4 CASH BENEFITS
Maternity leave benefits
Scope
Cash Maternity benefits are payable to Maltese citizens residing in Malta and European Union citizens and persons covered by the European Social Charter residing in Malta. The insured must not be entitled to Maternity Leave under the Employment and Industrial Relations Act. Social Security Act §71
Ministry for the Family and Social Solidarity. Information about Maternity Benefit Qualifying conditions
Cash Maternity benefits are payable to Maltese citizens residing in Malta and European Union citizens and persons covered by the European Social Charter residing in Malta. In addition to be eligible to Maternity Benefit the employee shall have entered her eight month of pregnancy or given birth to a child in the six months prior to the date of the claim.The insured must not be entitled to Maternity Leave under the Employment and Industrial Relations Act in other terms, Maternity benefit is only payable to women who do not avail themselves of maternity leave from their employers. Social Security Act § 71
Ministry for the Family and Social Solidarity. Information about Maternity Benefit Duration
14 weeks. Protection of Maternity (Employment) Regulations §7 Amount
100 per cent of wages for women who avail themselves of maternity leave from their employers. Maternity benefit is only payable to women who do not avail themselves of maternity leave from their employers. Maternity benefit is paid as a flat-rate of MTL 24.00 per week for 13 weeks, either in full after confinement or in two instalments before and after confinement. If for any reason a woman does not avail herself of all or part of the maternity leave, she will be entitled for the difference between the thirteen weeks and the maternity leave availed of. In this case, the female worker has to produce a letter from the employer confirming the number of weeks which have been availed of as maternity leave. Historical data (year indicates year of data collection)
- 2012: 100 per cent of wages for women who avail themselves of maternity leave from their employers.
Maternity benefit is only payable to women who do not avail themselves of maternity leave from their employers. Maternity benefit is paid as a flat-rate of MTL 24.00 per week for 13 weeks, either in full after confinement or in two instalments before and after confinement. If for any reason a woman does not avail herself of all or part of the maternity leave, she will be entitled for the difference between the thirteen weeks and the maternity leave availed of. In this case, the female worker has to produce a letter from the employer confirming the number of weeks which have been availed of as maternity leave.
- 2009: 100 per cent of wages for women who avail themselves of maternity leave from their employers.
Maternity benefit is only payable to women who do not avail themselves of maternity leave from their employers. Maternity benefit is paid as a flat-rate of MTL 24.00 per week for 13 weeks, either in full after confinement or in two instalments before and after confinement. If for any reason a woman does not avail herself of all or part of the maternity leave, she will be entitled for the difference between the thirteen weeks and the maternity leave availed of. In this case, the female worker has to produce a letter from the employer confirming the number of weeks which have been availed of as maternity leave.
- 2004: One hundred percent for thirteen weeks
- 1998: One hundred percent
- 1994: One hundred percent
Financing of benefits
Social Security (overall contributions from employers, employees, self-employed persons and the State). Social Security Act
MISSOC 2006 Historical data (year indicates year of data collection)
- 2012: Social Security (overall contributions from employers, employees, self-employed persons and the State).
- 2009: Social Security (overall contributions from employers, employees, self-employed persons and the State).
- 2004: Employer
- 1998: Employer
- 1994: Employer
Parental leave benefits
Amount
It shall be the individual right of both male and female workers to be granted unpaid parental leave on the grounds of birth, adoption or legal custody of a child to enable them to take care of that child for a period of three months until the child has attained the age of eight years. Parental Leave Entitlement Regulations §4(1) Adoption leave benefits
Amount
It shall be the individual right of both male and female workers to be granted unpaid parental leave on the grounds of birth, adoption or legal custody of a child to enable them to take care of that child for a period of three months until the child has attained the age of eight years. Parental Leave Entitlement Regulations §4(1) MEDICAL BENEFITS
Pre-natal, childbirth and post-natal care
An employee is entitled to time off without loss of pay in order to attend ante-natal examinations. Female worker is entitled to pre-natal and post-natal care including free confinement and hospital care. Protection of Maternity (Employment) Regulations §9
Social Security Act
Protection of Maternity at Work Places Regulations §10 Financing of benefits
Social Security (overall contributions from employers, employees, self-employed persons and the State). Social Security Act
Ministry for the Family and Social Solidarity. Information about Maternity Benefit HEALTH PROTECTION
Arrangement of working time
Night work
Upon presentation of a medical certificate, an employer shall transfer to daytime work an employee who is pregnant or nursing and performing night job that could pose a risk to her health. If the reassignment to daytime work is not reasonably practicable, the employee shall be given a special maternity leave. The special maternity leave is an up to 8 weeks leave period taken continuously or in an interrupted manner.During this period, the employer shall pay the employee a special allowance equivalent to the rate of the sickness benefit in terms of the Social Security Act. In any case, under no circumstance an employer may require a female to perform nightwork during a 21 week period commencing on the 8 week immediately preceding the expected date of delivery. Protection of Maternity (Employment) Regulations §5
Protection of Maternity at Work Places Regulations §7 Time off for medical examinations
An employee is entitled to time off without loss of pay in order to attend ante-natal examinations. Protection of Maternity (Employment) Regulations §9 Dangerous or unhealthy work
Risk assessment
» Assessment of workplace risks
Before assigning work to a pregnant or nursing worker the employer shall assess the nature and degree of any hazard present at his workplace. Where a risk assessment has revealed a risk to the safety or health of a pregnant or nursing employee, the employer shall take measures to protect the safety or health of the employee with a the temporary adjustment of the working environment and the hours of work. In the event this temporary adjustment is not reasonably feasible, the employer shall reassign the employee to a suitable alternative work. When no suitable alternative job can be offered and upon agreement of the Occupational Health and Safety Authority, the employee shall be given special maternity leave by the employer for the whole period necessary to protect her safety and health. Protection of Maternity (Employment) Regulations §3
Protection of Maternity at Work Places Regulations §4 » Adaptation of conditions of work
Where a risk assessment has revealed a risk to the safety or health of a pregnant or nursing employee, the employer shall take measures to protect the safety or health of the employee with a the temporary adjustment of the working environment and the hours of work. Protection of Maternity (Employment) Regulations §3(3)
Protection of Maternity at Work Places Regulations §6(1) » Transfer to another post
Where a risk assessment has revealed a risk to the safety or health of a pregnant or nursing employee, the employer shall take measures to protect the safety or health of the employee with a the temporary adjustment of the working environment and the hours of work. In the event this temporary adjustment is not reasonably feasible, the employer shall reassign the employee to a suitable alternative work. Protection of Maternity (Employment) Regulations §3(3)
Protection of Maternity at Work Places Regulations §6(2) » Paid/unpaid leave
When no suitable alternative job can be offered and upon agreement of the Occupational Health and Safety Authority, the employee shall be given special maternity leave by the employer for the whole period necessary to protect her safety and health. The special maternity leave is an up to 8 weeks leave period taken continuously or in an interrupted manner.During this period, the employer shall pay the employee a special allowance equivalent to the rate of the sickness benefit in terms of the Social Security Act. Protection of Maternity (Employment) Regulations §3(4)
Protection of Maternity at Work Places Regulations §6(2) » Right to return
An employee who is reassigned or whose job functions are modified is deemed to continue to hold her previous job or when it is no longer possible for a valid reason a similar work and is entitled to the same wages and benefits that she received before changes where made to her duties. Protection of Maternity (Employment) Regulations §11(1) Particular risks
» Work involving exposure to biological, chemical or physical agents
Biological, physical and chemical agents to which pregnant and nursing workers cannot be exposed are listed in the second Schedule of the Protection of Maternity at Work Places Regulations, 2000. Protection of Maternity at Work Places Regulations Second Schedule NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Protection from discriminatory dismissal
An employer cannot dismiss a pregnant or nursing employee. In addition a female worker who is incapable of work owing to a pathological condition arising out of confinement cannot be dismissed during the 5 weeks following the end of maternity leave. Protection of Maternity at Work Places Regulations §11
Employment and Industrial Relations Act §36(5), (14), (17), and §40 Guaranteed right to return to work
An employer cannot dismiss a pregnant or nursing employee. In addition a female worker who is incapable of work owing to a pathological condition arising out of confinement cannot be dismissed during the 5 weeks following the end of maternity leave. Protection of Maternity at Work Places Regulations §11
Employment and Industrial Relations Act §36(5), (14), (17), and §40
Protection of Maternity (Employment) Regulations §12 and §11 Guaranteed right to return to work
At the end of the period of reassignment or work stoppage, she must be reinstated in her regular job or when it is no longer possible for a valid reason a similar work and shall be entitled to all rights and benefits she would have been entitled to had she remained in her employment including the right to apply for promotion opportunities at her place of work. Employment and Industrial Relations Act §36(19)
Protection of Maternity (Employment) Regulations §11 Guaranteed right to return to work
Where a female employee does not resume her work at the end of the maternity leave or abandons the service of the employer without good and sufficient cause within six months from the date of such resumption, she shall be liable to pay the employer a sum equivalent to the wages she received during the maternity leave. Employment and Industrial Relations Act §36(20) Results generated on: 07th June 2023 at 17:52:32.
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