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Law and

practice across the world

Maternity and paternity at work

Maternity and paternity at work -

Law and practice across the world

INTERNATIONAL LABOUR OFFICE

GENEVA

Maternity and paternity at work

Law and practice across the world

Copyright © International Labour Organization 2014

First published 2014

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Addati, Laura; Cassirer, Naomi; Gilchrist, Katherine Maternity and paternity at work : law and practice across the world

International Labour Oce. - Geneva: ILO, 2014

ISBN 978-92-2-128630-1 (print)

ISBN 978-92-2-128631-8 (web pdf)

International Labour Oce

maternity protection / working mother / parent / family responsibilities / child care / role of ILO / ILO

Convention / ILO Recommendation / labour legislation / comment / developed countries / developing countries

13.01.3

ILO Cataloguing in Publication Data

Graphic and typographic design, manuscript preparation, copy editing, layout and composition, proofreading, printing, electronic publishing and distribution.

Contents

1

Introduction

1

Executive summary

xiii

Acknowledgements

xi

Preface

ix 7

Maternity leave

2.1?Duration of maternity leave8

National conformity with ILO standards on duration of maternity leave9 Trends between 1994 and 2013 in the duration of maternity leave11

When can maternity leave be taken?12

Extension or reduction of the maternity leave period14

2.2?Maternity cash bene ts16

Amount and duration16

Methods of calculating cash benefits17

National conformity with Convention No. 183 on duration of maternity leave and cash benefits18

2.3?Financing of maternity cash bene ts20

Financing mechanisms around the world20

National practice25

Trends between 1994 and 2013 in level and source of funding27 National conformity with Convention No. 183 on duration, amount and source of funding 30

2.4?Scope and eligibility requirements34

Estimates of coverage in law and in practice of paid maternity leave35 Workers excluded from paid maternity leave provisions37

Eligibility requirements for maternity leave42

Eligibility requirements for maternity cash benefits43 Social assistance cash benefits to women who do not qualify for social insurance benefits44 iv Mat ernity and paternity at work Law and practice across the world 89

Health protection at the workplace

5.1 Arrangement of working time90

Night work90

Overtime92

Time o for medical examinations92

5.2 Dangerous or unhealthy work94

Workplace risk assessment96

Protective measures related to maternity97

73

Employment protection and non-discrimination

4.1 Employment protection during maternity76

Protection against dismissal in national laws76

Length of protection against dismissal in national laws77

Permissible grounds for dismissal78

Burden of proof78

Compensation and other remedies in case of dismissal80

Guaranteed right to return to work80

Maintaining employment benefits82

4.2 Non-discrimination in employment in relation to maternity82

Legal prohibition against discrimination in relation to maternity84

Prohibitions against pregnancy tests85

Monitoring and implementation85

51

Paternity, parental and adoption leave

3.1 Paternity leave52

National provisions and duration52

Eligibility for paternity leave56

Cash benefits57

Trends from 1994 to 2013 in paternity leave provision59

3.2 Parental leave60

National provisions and duration64

Eligibility for parental leave64

Cash benefits65

Take-up rates65

Flexible leave arrangements and other innovative policies67

3.3 Adoption leave69

Law and practice across the world Maternity and paternity at work v

Appendices

I. Me thodological notes and summary of information available in the ILO Working Conditions Laws Database, by region 130

II. Ke y national statutory provisions

on maternity leave, by region, 2013 133
III. Es timates of coverage in law and coverage in practice of paid maternity leave, by region, 2010 144
IV. Ke y national statutory provisions on paternity and parental leave, by region, 1994 and 2013 150
V. Ke y national statutory provisions on employment protection and non-discrimination, by region, 2013 167
VI. Ke y national statutory provisions on health protection at the workplace, by region, 2013 175
VII. Ke y national statutory provisions on breastfeeding arrangements at work, by region, 1994 and 2013 182

Bibliography

121

Breastfeeding arrangements

at work and childcare

6.1 Nursing breaks102

Provision and remuneration102

Trends in nursing breaks provision from 1994 to 2013104

Number and duration of nursing breaks104

Duration of the entitlement to nursing breaks105

Scope106

Daily reduction of working hours107

6.2 Nursing and childcare facilities108

101
7

Conclusions

7.1 What works for maternity

and paternity at work 116
115
129
vi Mat ernity and paternity at work Law and practice across the world

Figures

2.1 St atutory duration of maternity leave, 2013 (185 countries and territories)9

2.2 St atutory duration of maternity leave, 1994 and 2013 (139 countries)11

2.3 Am ount of cash benets and maternity leave duration, 2013 (167 countries)18

2.4 So urce of funding of maternity leave cash benets, 2013 (185 countries and territories)26

2.5 So urce of funding of maternity leave cash benets, 1994 and 2013 (144 countries)29

2.6 Pe rcentage of countries reaching the ILO standards on length of maternity leave,

paymentandsource of funding, 2013 (167 countries)31

3.1 Pr ovision of statutory paternity leave by duration, 2013 (167 countries)53

3.2 So urce of funding of paternity leave benets, 2013 (78 countries)58

3.3 Pr ovision of statutory paternity leave, 1994 (141 countries) and 2013 (167 countries)59

4.1 Bu rden of proof, 2013 (144 countries)79

4.2 Ri ght to return to work, 2013 (146 countries)81

5.1 Ti me o for prenatal medical examinations, 2013 (156 countries)93

5.2 St atutory provision on dangerous or unhealthy work, 2013 (160 countries)95

6.1 St atutory provision of nursing breaks, 2013 (160 countries)103

6.2 St atutory provision of paid nursing breaks, 1994 and 2013 (136 countries)104

6.3 Du ration of the entitlement to nursing breaks, 2013 (123 countries with provisions)106

6.4 Pr ovision of nursing facilities, 2013 (159 countries)108

Maps

2.1 St atutory duration of maternity leave, 2013

(185 countries and territories) 10

2.2 So urce of funding of maternity cash benets, 2013

(185 countries and territories) 30

2.3 Co verage in law - maternity leave: Percentage of women workers

entitledtomaternity leave, 2010 (173 countries)35

2.4 Co verage in law - maternity leave cash benets: Percentage of women

workers entitled to maternity leave cash benets, including workers entitledto voluntary coverage, 2010 (172 countries) 36

2.5 Co verage in practice - maternity leave cash benets: Percentage of women

workers contributing to a maternity cash benets scheme or otherwise protected for income loss during maternity, 2010 (117 countries) 37

3.1 Co untries providing paternity leave by duration, 2013

(167 countries) 53
Law and practice across the world Maternity and paternity at work vii Boxes

2.1 So cial insurance cash benets for maternity in Namibia21

2.2 In dividual employer liability for maternity

cash benets in Malaysia 22

2.3 Sh ifting from employer liability to maternity insurance:

Examples of ILO technical assistance

23

2.4 Ex amples of non-contributory maternity cash benets25

2.5 Pa id maternity leave during the economic crisis28

2.6 Th e cost of maternity benets: Is maternity protection aordable?33

2.7 Ex tending maternity cash benets to the self-employed41

2.8 So cial cash transfers and employment guarantee schemes (EGS)

delivering maternity protection to vulnerable workers 42

3.1 Ex amples of collective bargaining agreements

providing paternity leave 58

3.2 Pare ntal leave: Shared or individual rights?62

3.3 Th e eects of the economic crisis on paternity

and parental leave and benets 66

4.1 Re gional instruments addressing discrimination

in employment in relation to maternity 84

6.1 Ma uritius, the Philippines and India:

Expanding the scope of breastfeeding coverage

107

6.2 Pr omoting breastfeeding and the establishment

of nursing facilities 110

6.3 Sup porting the care needs of the most vulnerable

through childcarequotesdbs_dbs25.pdfusesText_31

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