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Brazil - Maternity protection - 2011


LAST UPDATE

18 February 2011.
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SOURCES


Name of Act

Constitution of the Federative Republic of Brazil,
1988, (Constituição da Republica Federativa do Brasil de 1988), Diário Oficial da União (DOU); as amended up to constitutional amendment No. 55 of 20 September 2007.

Name of Act

Codification of Labour Legislation,
(Consolidação das Leis do Trabalho), Decreto-Lei N° 5452 de 1 de Maio de 1943, Diário Oficial da União, as amended by Act No 11925 of 17 April 2009.

Name of Act

Organic Act No. 8.212 on Social Security,
of 24 July 1991 (Lei Orgânica n. 8.212 da Segurança Social), as amended up to Act n. 11.941, 27 May 2009.

Name of Act

Act No.11.770 on maternity leave,
of 9 September 2008 (Lei n°11.770 Prorroga licença maternidade).

Name of Act

Decree No. 3.048/1999,
of 6 May 1999 (Decreto 3.048/1999 of 6 May 1999 regulamento da previdência social; beneficios; salário-maternidade), as amended up to Decree nº 6.727, 12 January 2009. Updated in October 2010.

Name of Act

Act N. 12.010, 03 August 2009, on Adoption (Dispôe sobre adoção; altera as leis Nºs. 8.069, de 13 de julho de 1990 - Estatuto da Criança e do Adolescente, 8.560, de 29 de Dezembro de 1992; revoga dispositivos da Lei nº 10.406, de 10 de janeiro de 2002 - Código Civil, e da Consolidação das Leis do Trabalho - CLT, aprovada pelo Decreto-Lei nº 5.452, de 1º de maio de 1943; e dá outras providências

MATERNITY LEAVE


Scope

All women.
Constitution of the Federative Republic of Brazil §6, 7 (XVIII)
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Duration


General total duration

120 days or 180 days (it is optional for private companies to grant the additional 60 days).
Codification of Labour Legislation §392, 395
Decree No. 3.048/1999 §96
Act No.11.770 on maternity leave §1
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Historical data (year indicates year of data collection)
  • 2009: 120 days or 180 days (it is optional for private companies to grant the additional 60 days).
  • 2004: One hundred and twenty days
  • 1998: One hundred and twenty days
  • 1994: One hundred and twenty days

Leave in case of illness or complications

Maternity leave may be extended on medical grounds arising out of pregnancy and confinement by a maximum of 4 weeks (two weeks before and 2 weeks after the birth).
Codification of Labour Legislation §392 (2)

RELATED TYPES OF LEAVE


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]

Adoption leave


Scope

Female adopters.
Codification of Labour Legislation §392A

Length

120 days. Act n. 12.010, art. 8 abrogates §s 1, 2 and 3 of art. 392A, of Codification of Labour Legislation. Therefore, from now on women who adopt or obtain custody of a child in order to adopt will be concedeed the same maternity leave as that stated in art. 392.
Codification of Labour Legislation Art. 392A
Act N. 12.010, 03 August 2009, on Adoption Art. 8

CASH BENEFITS


Maternity leave benefits


Scope

All female workers are entitled to maternity benefits who are employed in the private sector including domestic servants, some categories of casual workers, elected civil servants and the self-employed. Entitled on the basis of voluntary coverage are: students, housewives and other categories.
The public sector and military personnel are covered by specific systems.
Organic Act No. 8.212 on Social Security §4

Qualifying conditions

All insured employed women are entitled to maternity benefit regardless of their social insurance contribution period. To be eligible, self-employed and voluntarily covered women must have at least 10 months of insurable employment. If the birth takes place before the expected date, the period of insurable employment requirement, shall be reduced accordingly.
Decree No. 3.048/1999 §29(III), 30(2)

Duration

Maternity benefit is payable for a total of 120 days, from 28 days before until 91 days after the expected date of childbirth. Additionally to the 120 days, 60 days of maternity leave are foreseen since 2008, which are optional for private companies.
Codification of Labour Legislation §393
Decree No. 3.048/1999 §93(1)(3)(4)(5)
Act No.11.770 on maternity leave §1
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Amount

100 per cent of the monthly wage.
Decree No. 3.048/1999 §100,101
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Historical data (year indicates year of data collection)
  • 2009: 100 per cent of the monthly wage.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

The maternity allowance is paid directly by the employer who is reimbursed by the Social Security Institute.
The additional 60 days which companies may provide are paid by the employer, who can deduct the costs from its taxes.
Codification of Labour Legislation §393
Organic Act No. 8.212 on Social Security §10,11
Decree No. 3.048/1999 §195

Act No.11.770 on maternity leave
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Historical data (year indicates year of data collection)
  • 2009: The maternity allowance is paid directly by the employer who is reimbursed by the Social Security Institute. The additional 60 days which companies may provide are paid by the employer, who can deduct the costs from its taxes.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

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.

Adoption leave benefits


Scope

All insured employed women.
Decree No. 3.048/1999 §29(III), 30(2); 93-A,1,3.

Qualifying conditions

All insured employed women including domestic workers are entitled to adoption benefit regardless of their Social insurance contribution period. To be eligible, self-employed and voluntarily covered women must have at least 10 months of insurable employment. In addition, the female employee must provide the Social Security competent body (INSS) with a new birth certificate stating the name of the adoptive parents.
Decree No. 3.048/1999 §29(III), 30(2); 93-A,1,3.

Duration

Same duration as the adoption leave.
In case of multiple adoption the adoption benefit is due only for the youngest child. The adoptive mother is entitled to adopting benefits even if the biological mother benefited maternity leave.
Decree No. 3.048/1999 §93(A,1, 4), 94,100,101
Codification of Labour Legislation §392, 393

Amount

100 per cent of the monthly wage.
Decree No. 3.048/1999 §100,101
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Financing of benefits

The allowance is paid directly by the employer who is reimbursed by the Social Security Institute.
Codification of Labour Legislation §393
Organic Act No. 8.212 on Social Security §10, 11
Decree No. 3.048/1999 §195
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BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Nursing mothers are entitled to breastfeeding breaks, divided into two 30-minutes breaks until the child is 6 months of age or after this age limit if justified on medical grounds.
Codification of Labour Legislation §396

Nursing facilities

Employers employing more than 30 women above the age of 16 years are requested to install a day-nursery with nursing facilities satisfying hygiene and other listed conditions. If there is no day-nursery inside the enterprise, the employer shall reimburse to the nursing employees the expenditure due to day-nursery outside the workplace in accordance with a collective agreement.
Codification of Labour Legislation §389 (1)

HEALTH PROTECTION


Arrangement of working time


Time off for medical examinations

During pregnancy, a woman may be excused from work or may leave her work to take at least 6 medical consultations and all relevant supplementary medical examinations.
Codification of Labour Legislation §392(4, II)

Other work arrangements

The woman has the right to be transferred to another function, when her health conditions demand it, having the right to return to her old function once she begins working again.
Codification of Labour Legislation §392(4)I)

Dangerous or unhealthy work


Risk assessment


» Transfer to another post

If the performing of her job could pose a risk to her health, a pregnant worker shall be transferred to a suitable alternative job and to be reinstated in her regular job as soon as medically practicable.
Codification of Labour Legislation §392(4, I)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Discrimination is prohibited on the basis of pregnancy. This prohibition applies to recruitment, allocation of duties, wage, training, promotion and termination of employment.
Codification of Labour Legislation §373-A

Prohibition of pregnancy testing

A female worker, job applicant or employee, may in no circumstances be required to produce pregnancy tests or examinations.
Codification of Labour Legislation §373-A(IV)

Protection from discriminatory dismissal

Dismissal of female employees is prohibited from the date the pregnancy is confirmed to five months after delivery.
Temporary constitutional provisions Act; § 10 (2-b)
Codification of Labour Legislation §391

Guaranteed right to return to work

The employee has the right to 120 days of maternity leave, being assured the payment of the salary during this period and the right to return to work after it.
Codification of Labour Legislation §392


Honduras - Maternity protection - 2011


LAST UPDATE

23 August 2011

SOURCES


Name of Act

Decree No. 189 promulgating the Labour Code, (Código del trabajo, La Gaceta No. 16,827-16,834, 15-18 and 20-23 July 1959) of 1 June 1959, as amended up, to Decree No. 32-2003, (La Gaceta No. 30,063, 16 April 2003) of 31 March 2003
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Name of Act

Decree No. 169 promulgating the Social Security Act, of 15 October 1957, (La Gaceta No. 16,356, 12 December 1957, p. 1) as amended up to Decree n° 80-2001.

Name of Act

General Regulation of the Social Security Act, (Acuerdo No.003-2005, Reglamento General de la Ley del Seguro Social, Gaceta Oficial, June 29, 2005) of 15 February 2005.

Name of Act

Women’s Equality of opportunities Act issued by Decree No. 34-2000, (Ley de Igualdad de de Oportunidades para la Mujer), of 28 April 2000.

Name of Act

Regulation of Application of the Social Security Act, (Reglamento de Aplicación de la Ley del IHSS-Decreto No.193-1971)

Name of Act

Regulation of the Women’s Equality of opportunities Act issued by the Executive Agreement Num. 058-2008 (Reglamento de la Ley de Igualdad de Oportunidades para la Mujer) of 25 November 2008.

Name of Act

Regulation for the Application of the Social Security Act, issued by Decree No.193-1971 (Reglamento de Aplicación de la Ley del Seguro Social).

Name of Act

Regulation for the Special Status of Domestic workers and progressive affiliation to the Social Security System, issued by Agreement No.006-JD-2008, of 24 June 2008.

Name of Act

Regulation for the extension of the certificate for the labour temporary incapacity, issued by Agreement No. 001-JD-2005 (Reglamento para la extensión del certificado de incapacidad temporal laboral) of 25 January 2005.

MATERNITY LEAVE


Scope

The provisions of maternity protection provided by the Labour Code apply to all the establishments as well as to all natural persons in Honduras, with the sole exceptions of; livestock farming establishments with less than 10 employees, civil servants and the persons or establishments expressly excluded.
Labour Code Art.2(1,2)

Qualifying conditions

The female worker shall present to the employer a medical certificate stating the pregnancy of the worker, the expected day of delivery, the indication of the day of commencing the leave, taking into account that at least shall start 4 weeks before the confinement.
Labour Code Art.135

Duration


Compulsory leave

Pregnant workers are compelled to take 10 weeks of paid maternity leave (four weeks before and six weeks after confinement).
Labour Code Art.135

General total duration

The general total duration of maternity leave is 10 weeks (four weeks before and six weeks after confinement).
Labour Code Art.135
Historical data (year indicates year of data collection)
  • 2009: 10 weeks (four weeks before and six weeks after confinement). The woman worker must present her employer with a medical certificate, which shall indicate: the fact that she is pregnant; the probable date of confinement; and the date of commencement of the leave.
  • 2004: Eighty-four days
  • 1998: Ten weeks
  • 1994: Ten weeks

Extension

In case that a pregnant worker continues to be incapacitated to perform work after three months from the delivery and arising from an illness due to the pregnancy or confinement, she shall be entitled to enjoy unpaid leave as long as necessary for her recovery.
Labour Code Art.138

Leave in case of illness or complications

A woman worker is entitled to take up to three months paid leave for illness resulting from pregnancy or birth. The worker has to present a medical certificate.
Labour Code Art.137, 138

RELATED TYPES OF LEAVE

Relevant provisions on related types of leave have not been identified.

RIGHT TO PART-TIME WORK

Relevant provisions on right to part-time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

The compulsory social security system applies to all women workers in the public and private sectors, including apprentices. It also applies to the wives of the insured workers and to de facto partners. It does not apply to home workers, domestic workers, occasional worker, workers undertaking agricultural activities. However these workers may benefit from the social security system on a voluntary basis.
General Regulation of the Social Security Act Art.10, 11, 74
Regulation for the Special Status of Domestic workers and progressive affiliation to the Social Security System Art.3

Qualifying conditions

In order to be entitled to maternity benefits, women workers must present the evidences of having paid contributions for at least the 10 months preceeding the start of maternity leave or 12 months in the 18 months preceeding the start of the maternity leave.

The worker is entitled to enjoy such leave subordinated to the respect of the effective rest period and not performing any kind of remunerative work.
General Regulation of the Social Security Act Art.59,69
Social Security Act Art.39b)

Duration

Maternity leave benefits shall be paid during the 42 days before and 42 after delivery.
General Regulation of the Social Security Act Art.68
Labour Code Art.135

Amount

Pregnant workers shall enjoy the 100% of the reference montly salary for a period of time of forty-two days before and forty-two days after confinement.

The prenatal benefit period is reduced if confinement takes place before the date given on the medical certificate, and if confinement takes place later than expected the benefit period will be extended accordingly. If the worker is unable to return to work after the benefit period has expired, she shall be entitled to sickness benefit instead.
General Regulation of the Social Security Act Art. 67, 68
Labour Code Art.135
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of salary forty-two days before and forty-two days after confinement. The prenatal benefit period is reduced if confinement takes place before the date given on the medical certificate, and if confinement takes place later than expected the benefit period will be extended accordingly. If the worker is unable to return to work after the benefit period has expired, she shall be entitled to sickness benefit instead.
  • 2004: One hundred percent
  • 1998: One hundred percent for eighty-four days
  • 1994: One hundred percent

Financing of benefits

The Honduran Social Security Institute shall cover two thirds of the benefit and the employer shall cover the remaining third. Where the Honduran Social Security Institute is not required to grant a maternity allowance, the entire sum shall be paid by the employer.
Labour Code Art.136
General Regulation of the Social Security Act Art.2
Labour Code Art.67
Historical data (year indicates year of data collection)
  • 2009: The Honduran Social Security Institute shall cover two thirds of the benefit and the employer shall cover the remaining third. Where the Honduran Social Security Institute is not required to grant a maternity allowance, the entire sum shall be paid by the employer.
  • 2004: Mixed (two-thirds social security, one-third employer)
  • 1998: Mixed (two-thirds social security, one-third employer)
  • 1994: Mixed (two-thirds social security, one-third employer)

Alternative provisions

In the case of miscarriage or premature non-viable birth the worker is entitled to receive from 2 to 4 weeks paid leave.
Labour Code Art.137
General Regulation of the Social Security Act Art.71

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

During her pregnancy and for up to 7 months before her confinement, a woman worker who has paid her contribution for a set period, is entitled to receive prenatal care. The woman worker is as well entitled to confinement and postnatal care for up to 45 days following confinement.
Labour Code Art.60, 61, 64
Social Security Act Art.39a)

Financing of benefits

Social security (employer if a woman is not covered by social insurance) - Employer makes up the difference between social security/mandatory individual account payments and wages.
Labour Code Art.136

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman worker is entitled to two paid breaks of thirty minutes each during the day to feed her child, to be taken one in the morning and one in the afternoon until the child is six months old.
Labour Code Art.140

Remuneration of nursing breaks

Nursing breaks won’t implicate a reduction in the worker’s salary.
Labour Code Art.140

Nursing facilities

Every employer employing more than 20 women workers shall provide suitable premises where mothers can safely feed their children (under 3 years old) and where they can leave them during working hours.

In addition, the IHSS may provide in cash and in kind allowances for the nursing period, if certified that the mother cannot breastfeed her child. These benefits are provided for the first 6 months of the newborn and consist on therapeutic milk and food.
Labour Code Art.142
Regulation of Application of the Social Security Act Art.67
Social Security Act Art.39c)

HEALTH PROTECTION


Arrangement of working time


Night work

It is unlawful to employ an expectant woman on night work for longer than five hours.
Labour Code Art.147

Dangerous or unhealthy work


Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

It is unlawful to employ an expectant woman on work requiring considerable exertion.
Labour Code Art.147

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Republic of Honduras will take the necessary measures to reach an equitable sex distribution of the elective representatives, in order to speed up the equity between men and women in all the aspects of the political sphere. To this respect, any act of discrimination based on sex is null and void.

In this sense, the legislation states that women will enjoy the benefits of the social security, labour and health conditions to the same extent as men.

Specifically, women will be entitled to enjoy special prenatal and postnatal services and during the nursing period, as well as special remunerative leaves in the event of pregnancy, confinement, nursing and in the event of illness of their children, without suffering any kind of discrimination.
Women’s Equality of opportunities Act Art.81,86
Regulation of the Women’s Equality of opportunities Act Art.20

Protection from discriminatory dismissal

No woman worker may be dismissed because she is expecting or nursing a child. There shall be a presumption that a woman worker has been dismissed on the ground that she is expecting or nursing a child if the dismissal takes place during her pregnancy or the three months following her confinement without prior authorization. A woman worker who is dismissed without authorization shall be entitled to the payment of compensation equal to 60 days pay, in addition to any compensation and benefits due under the contract of employment.
Labour Code Art.144
Women’s Equality of opportunities Act Art.55

Burden of proof

There shall be a presumption that a woman worker has been dismissed on the ground that she is expecting or nursing a child if the dismissal takes place during her pregnancy or the three months following her confinement without prior authorization. A woman worker who is dismissed without authorization shall be entitled to the payment of compensation equal to 60 days pay, in addition to any compensation and benefits due under the contract of employment. In order to dismiss a woman worker during pregnancy or the three months following confinement, the employer requires authorization from the labour inspector, and can only obtain authorization on one of the grounds entitling an employer to terminate a contract of employment, as indicated in the Labour Code. The fact that the output of a woman worker has decreased by reason of her pregnancy shall not be a valid ground for her dismissal.
Labour Code Art.112, 144, 145

Guaranteed right to return to work

No expressly references in the legislation to the guaranteed right to return to work. However, the legislation states the right to equal treatment between men and women, and the entitlement of all women to enjoy special remunerative leaves in the event of pregnancy, confinement, nursing and in the event of illness of their children, without suffering any kind of discrimination. Therefore the right to return to work is implicit in the principle of non discrimination.
Regulation of the Women’s Equality of opportunities Act Art.20

Results generated on: 09th May 2021 at 22:30:16.

 
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