Sistema de control de inventarios

Bahrain 60 days 9 weeks 100% for 45 days Employer liability

Iraq 62 days 9 weeks 100% Employer liability

Jordan 10 weeks 10 weeks 100% Social security (social insurance)

Kuwait 70 days  10 weeks 100% Employer liability

Lebanon 7 weeks 7 weeks 100% Employer liability 33

Occupied Palestinian Territory 70 days 10 weeks 100% Employer liability

Oman 50 days 7 weeks 100% Employer liability

Qatar 50 days 7 weeks 100% Employer liability

Saudi Arabia 10 weeks 10 weeks 50–100% 34 _{Employer liability}

Syrian Arab Republic 120 days (for first child) 17 weeks 100% Employer liability

United Arab Emirates 45 days 6 weeks 100% 35 _{Employer liability}

Yemen 60 days 9 weeks 100% Employer liability

D = Denounced

D* = Denounced, C103 ratified D** = Denounced, C183 ratified

❖ = If a woman is not covered by social insurance but otherwise qualifies for maternity leave, her employer is responsible for the full payment of her maternity leave cash benefits

N/A = not applicable Contents

the national level for private sector workers. It does not cover the numerous provisions or exceptions that the law usually sets out for specific sectors, categories of workers or circum- stances, such as for multiple births, illnesses and complica- tions, single mothers or number of births, among others. For federal states, the federal legislation is reported.

Duration of maternity leave

Unless otherwise specified, the duration of maternity leave in days is intended as “consecutive” or ”calendar” days, since maternity leave is usually provided over a consecutive period. For comparative purposes, duration in days and months as expressed in the national legislation has also been converted into weeks, based on a seven-day week and a 30-day month. For instance, a law that grants 98 days of maternity leave is interpreted as 98 consecutive days, which equals 14 weeks of maternity leave. Three months are converted into 13 weeks. Statutory duration in “working days” has been converted based on a six-day week.

Amount of maternity leave cash benefits

Based on Article 6 of the Maternity Protection Convention, 2000 (No. 183), the amount of cash benefits is expressed as a percentage of the worker’s earnings prior to the beginning of maternity leave or of such of those earnings as are taken into account for the purpose of computing benefits. In addition, the classification takes into account the duration of maternity leave. In some countries, benefits are paid up to a ceiling (such as in France) or a flat rate benefit is provided (for example, Seychelles), regardless of previous earnings. In other coun- tries, the amount of the cash benefit entitlement decreases over the maternity leave period (e.g., the United Kingdom).

Source of funding of maternity leave cash benefits

Based on Article 6 of the Maternity Protection Convention, 2000 (No. 183), countries are classified as financed by “Social security” (social insurance or public funds, such as the state or government), the employer (“Employer liability”) or a combination of these systems (“Mixed”). A mixed system might involve an initial payment by the employer, followed by a partial reimbursement by social insurance or public funds. Mixed systems might also provide that the employer pays the difference between the social insurance benefit and the worker’s previous earnings. Some systems stipulate that the employer has to pay for workers who are not covered by social security. For the purposes of this report, they are clas- sified as funded by social security.

benefit and the worker’s wage.

2. Botswana: only employers in certain areas of the country are mandated to pay maternity benefits of at least 50 per cent of the worker’s basic pay and other benefits that she would be entitled to receive.

3. Burkina Faso: the benefit provided by the Social Security Fund is equivalent to the percentage of the woman’s pre- vious earnings on which social security contributions have been paid. The employer is mandated to cover the difference between this amount and the woman’s earn- ings gained just before maternity leave.

4. Cape Verde: the employer pays the difference between 90 per cent of the worker’s “normal” salary and cash benefits paid by social security. If no cash benefits are paid, then the employer must pay the full amount of the benefits during the maternity leave period.

5. Guinea-Bissau: the employer is mandated to pay the difference between social security benefits and previous earnings.

6. Lesotho: according to Section 134 of the Labour Code (Order No. 24 of 1992, as amended in 2006), there is no legal obligation for employers to pay wages during mater- nity leave. However, the Labour Code Wages (Amend- ment) Order Notice 2013 (LN No. 152 of 2013) sets out that workers in the textile, clothing, leather clothing and leather manufacturing sectors as well as workers in the private security sector are entitled to six weeks’ paid maternity leave and six weeks’ unpaid maternity leave. Any other employee who does not fall in either of the above named sectors shall be entitled to receive six weeks’ paid maternity leave before confinement and six weeks’ paid maternity leave after confinement (other categories include workers in retail, tourism, hotel and restoration, transport, construction, small business with fewer than ten employees and domestic workers). 7. Libya: the amount of maternity leave cash benefits is 100 per

cent of presumptive income for self-employed women, paid by social insurance for 13 weeks (three months).

8. Malawi: every three years.

9. Niger: a woman who has worked for at least two years at the same company shall receive from the employer 100 per cent of her salary, after deduction of any amount already covered by the social security or any other fund replacing this service.

10. Rwanda: the employer remains liable for the payment of maternity benefits until the maternity insurance fund is implemented.

11. South Africa: up to 60 per cent depending on worker’s level of income. Benefits are paid for four months. 12. Republic of Korea: for employees of enterprises meeting

the criteria of the Employment Insurance Act, the Employment Insurance Fund pays the whole maternity

pays the first eight weeks and can claim reimburse- ment from the Government up to a ceiling for the last eight weeks. For the third and subsequent children, the Government pays the 16 weeks up to a ceiling.

14. Sri Lanka: the duration of maternity leave is six weeks for the third and each subsequent child. The amount of maternity leave benefits is 6/7 of previous earnings for employees covered by the Maternity Benefits Ordi- nance; 100 per cent for those covered by the Shops and Offices Employees Act.

15. Australia: a single parental leave system provides 52 weeks, which may be shared between the parents. The mother may take six weeks of prenatal leave. 16. Bulgaria: the duration of maternity leave is calculated by

adding the 45 days of compulsory leave to the 182 days (six months) of postnatal leave.

17. Denmark: about 75 per cent of the workforce is covered by collective agreements, mandating employers to top up the state benefits, which represent on average around 50 per cent of previous earnings (daily cash benefits in relation to previous earnings up to a ceiling). In this framework, workers receive compensation during leave from their employer up to their full previous earnings. 18. Finland: in general, the benefit is 70 per cent of previous

earnings up to a ceiling, plus 40 per cent of an additional amount up to a ceiling, plus 25 per cent of another add- itional amount.

19. Greece: the minimum benefit is 66.7 per cent of the insured’s earnings. The insured may also receive a mater- nity supplement of up to 33.3 per cent of earnings. 20. Israel: employment law allows 12  weeks of mater-

nity leave, but maternity allowance can be paid up to 14 weeks. To be entitled to a full maternity allowance (14 weeks), the woman worker must have contributed for ten out of the previous 14 months or for 15 out of the previous 22 months before the day on which the woman discontinued work during pregnancy. In the event that the woman worker made contributions in six out of the previous 14 months, she will be entitled to a partial maternity allowance (seven weeks).

21. Malta: the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) requires employers to provide 100 per cent of previous earnings for 14 weeks of maternity leave. Since January 2013, the Protection of Maternity (Employment) Regula- tions, No. 452.91, 2004 as amended in 2012, entitles women employees to four additional unpaid weeks of maternity leave. Upon the expiry of the 18th week of leave, the employee can claim a four-week flat-rate “maternity leave benefit” (of approximately US$ 220 per week), which is provided by social insurance in one lump-sum. If for any reason a woman does not

of 14 weeks, paid by the Government).

22. Norway has one system of paid parental leave (with no distinction between maternity and paternity leave) of 59 weeks or 49 weeks altogether (paid respectively at 80 per cent or 100 per cent of previous earnings). For the purpose of determining the length of maternity leave, the 14 weeks of paid leave exclusively reserved for the father have been left out of consideration. The mother may use the remainder of 45 or 35 weeks, of which 14 weeks are exclusively reserved for her, six weeks to be taken after the birth.

23. Sweden: parents are entitled to 480 calendar days paid parental leave paid at 80 per cent for 390 days and at a flat rate benefit for the remaining 90 days.

24. United Kingdom: the employer administers the pay- ment. Employers in medium and large companies can be reimbursed for 92 per cent of the costs by the State (general revenues). Small employers can claim back 103 per cent through reductions of national insurance contributions paid by employers to the Government’s tax authority.

25. United States: provisions for paid maternity leave benefits exist in five states (New York, New Jersey, Cal- ifornia, Hawaii and Rhode Island). For instance, Cali- fornia provides six weeks paid at 55 per cent of previous earnings.

26. The replacement rate varies depending upon the various cantonal regulations: 50–80 per cent (Fed- eration of Bosnia and Herzegovina); 100  per cent (Republic of Srpska).The employer is reimbursed for initial payment.

27. Serbia: an employed woman is entitled to leave for preg- nancy and childbirth, as well as leave for childcare for a total duration of 365 days. She may start her maternity leave pursuant to the advice of a competent medical authority 45 days before the delivery term at the earliest and 28 days before at the latest. Maternity leave shall last until three months after childbirth.

28. Plurinational State of Bolivia: 100  per cent of the minimum wage plus 70  per cent of the difference between the minimum wage and regular earnings. 29. Brazil: optional leave paid by the employer can be pro-

vided for 60 additional days.

30. Honduras: the Labour Code (31 March 2003) pro- vides ten weeks’ maternity leave, while according to the General Regulation of Social Security Act (15 February 2005) maternity benefits are paid for 84 days by social insurance up to 66 per cent of previous earnings. Ben- eficiaries of the maternity benefits should abstain from work (Article 69).

31. Panama: the difference between Social Security Fund payments and the worker’s entitlement during this

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32. Trinidad and Tobago: under the Maternity Protection Act, an employee is entitled to receive pay from her employer to an amount equivalent to one month’s leave with full pay and two months’ leave with half pay. The social insurance system pays a benefit depending on earnings. When the amount paid by the employer and the maternity benefit is less than full pay, the employer shall pay the difference to the employee.

33. Lebanon: cash benefits are also statutorily provided by the Social Security Act (Article 26), for a duration of ten weeks paid at two-thirds of previous earnings. Beneficiaries of the maternity benefits should abstain from work. The ISSA reports that the programmes for cash sickness and maternity benefits have not yet been implemented.

34. Saudi Arabia: 50 per cent if the employee has one to three years in service before the beginning of maternity leave; 100 per cent with three years or more.

35. United Arab Emirates: 50 per cent before one contin- uous year of employment.

Sources

All sources accessed on 4 Apr. 2014. All information in the table is based on data available as of December 2013 in the ILO Working Conditions Laws Database – Maternity Pro- tection following the 2011–12 update (available at: www.ilo. org/travdatabase) and in NORMLEX, Information System on International Labour Standards (available at: www.ilo. org/normlex). Information on national legislation collected after 2012 may not yet be reflected in the database. This information covers the following countries:

– Armenia: the International Social Security Association (ISSA): http://www.issa.int/.

– Belgium: ISSA and Social Security, p. 55: http://www. securitesociale.fgov.be/docs/en/alwa2013_en.pdf. – Bahrain: Labour Law No. 36 of 2012, Articles 32–36:

http://w w w.rrc.com.bh/media/141168/labour_ law_2012__1_.pdf.

– Chile: Labour Code, No.  20545 of 2011, Articles 194–197 bis, http://www2.ilo.org/dyn/natlex/docs/

surance/benefits-provided-under-sickness-insurance.htm. – Kazakhstan: the International Social Security Associ-

ation (ISSA): http://www.issa.int/.

– Kyrgyzstan: the International Social Security Association (ISSA): http://www.issa.int/.

– Latvia: Republic of Latvia, Government Report on Maternity Protection Convention, 1919 (No. 3), 2013: http://www.vvc.gov.lv/export/sites/default/docs/LRTA/ LR_valdibas_zinojumi/Government_report_no._3_-_ Maternity_Protection_Convention_1919.doc.

– Lebanon: the International Social Security Association (ISSA): http://www.issa.int/.

– Norway: Norway Social Security: https://www.nav.no/ English/English/Parental+benefit+-+general+informa- tion.353588.cms.

– Malta: Protection of Maternity (Employment) Regu- lations, Subsidiary Legislation No.  452.91, 2004 as amended in 2012, Articles 6–7: http://www.justiceser- vices.gov.mt/DownloadDocument.aspx?app=lom&item- id=11225&l=1 and https://secure3.gov.mt/socialpolicy/ social_benefits/children/mat_leave_ben/mat_leave_ben. – Poland: law dated 28 May 2013 Amending the Labour Code and other Laws (Journal of Laws of 2013, item 675); P. Michoń and I.E. Kotowska: “Poland country note”, in: P. Moss (ed.), International Review of Leave Policies and Research 2013. Available at: http://www.leavenetwork. org/lp_and_r_reports/.

– Slovakia: D. Gerbery: “Slovak Republic country note”, in: P. Moss (ed.) International Review of Leave Policies and Research 2013. Available at: http://www.leavenetwork. org/lp_and_r_reports/ and http://www.labourlawnet- work.eu/national_labour_law_latest_country_reports/ national_legislation/legislative_developments/ prm/109/v__detail/id__1343/category__30/index.html. – Viet Nam: Labour Code, No.10/2012/QH13, Article 157:

http://www2.ilo.org/dyn/natlex/docs/ELECTRON- IC/91650/106402/F-1475261172/VNM91650%20Eng. pdf.

– Bolivarian Republic of Venezuela: Ley Orgánica del Tra- bajo del 7 de mayo de 2012, Article 336: http://www. lottt.gob.ve/ley-del-trabajo/titulo-vi/.

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Country Coverage in law of maternity