Rights of Women on Maternity Leave
It is important to determine whether the employee qualifies for maternity leave pay as per the provisions in the Employment Relations Promulgation 2007 [hereinafter “ERP”]
Section 101 of the ERP Promulgation reads:
“101.—(1) A woman employed in a workplace who expects to give birth is entitled to maternity leave and abstain from work for a period of 84 consecutive days subject to providing her employer with a certificate from a registered medical practitioner or registered nurse specifying the possible date of birth.
(2) A woman is entitled to paid maternity leave as follows—
(a) for the first 3 births, to the normal remuneration she would have received as if she had been at work; and
(b) for the 4th and subsequent births, to half the normal remuneration she would have received as if she had been at work.
(3) The woman may proceed on maternity leave at any time before or after confinement provided that if she continues to work during the pre-confinement period she must produce a medical certificate certifying that she is fit to work during that period.
(4) If at any time during the 3 months immediately before the birth of her child, a woman was employed for a period of, or periods amounting in the aggregate to, not less than 150 days during the 9 months before the birth of her child, the woman is entitled to paid maternity leave as set out in subsection (2).
(5) If there is more than one employer from whom the woman would be entitled to claim wages under this section, the Permanent Secretary, labour officer or labour inspector must determine the amount of wages that must be paid by each employer.
(6) For the purposes of this section, if a woman is absent from work for a period of more than 84 consecutive days she is not entitled to wages in respect of the days in excess of 84 days.
(7) A woman who returns to her employment after maternity leave— (a) must be appointed to the same or equivalent position held prior to proceedings on maternity leave, without any loss of salary, wages, benefits and seniority; or (b) may be appointed to a higher position.”
The relevant section of the ERP in this instance would be section 101(4). For ease of understanding an interpretation of this provisions meaning is illustrated by the graph below:
It is critical for employers to ensure HR records are accurate to determine the exact date on which the employee is hired or terminated to confirm the application of the Maternity Leave Pay entitlements.
