The maternity leave entitlement is expressed as applying to all female employees. Employee is defined to mean ’government employees, workers and the contractors’.
Labour Code 2007 §§3, 54
Remarks: Further specifications about the application of the Labour Code are contained in §§5, 6 and 7.
Qualifying conditions
No qualifying conditions identified.
Labour Code 2007 §54
Duration
A female employee is entitled to 90 days of paid maternity leave.
Labour Code 2007 §54(1)
General total duration
A female employee is entitled to 90 days of paid maternity leave. Thirty days of the leave is granted before delivery and the rest (60 days) is granted to her after delivery.
Labour Code 2007 §54(1)
Historical data (year indicates year of data collection)
2009: Ninety days (30 days prenatal and 60 days postnatal)
2004: Ninety days
1998: Ninety days
1994: Ninety days
Extension
A female employee will be granted an additional 15 days’ paid leave if she is going to have an abnormal type of delivery or gives birth to a twin or more than a twin.
Labour Code 2007 §54(2)
Remarks: To be entitled to a paid extension of maternity leave, the employee must report to duty within 5 days of the completion of her initial period of maternity leave (§54(3) Labour Code 2007).
Maternity leave benefits
Scope
The scope of the cash benefits entitlement mirrors the scope of the maternity leave entitlement.
Labour Code 2007 §54
Qualifying conditions
There are no qualifying conditions on payment for the principle period of maternity leave, as provided by §54(1) of the Labour Code 2007 (i.e. 90 days).
However, payment in relation to any extension under §54(2) will only be executed to her on the basis of the valid certificates issued by the relevant hospitals. Further, the employee will not be entitled to salary and other supplementary allowances for the extension period if she fails to report to duty within 5 days of the completion of her principle period of maternity leave.
Labour Code 2007 §54(1), (2), (3)
Duration
The duration of the cash benefits mirrors the duration of the maternity leave entitlement (i.e. 90 days, plus any additional entitlement under §54(2)).
Labour Code 2007 §54(1), (2)
Amount
The employee is entitled to salary and other supplementary allowances of the staff.
Labour Code 2007 §54(1), (2)
Historical data (year indicates year of data collection)
2009: One hundred percent
2004: One hundred percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
Employer
Labour Code 2007 §54(1)
Historical data (year indicates year of data collection)
2009: Employer
2004: Employer
1998: Employer
1994: Employer
Albania - Maternity protection - 2011
LAST UPDATE
July 2012
Scope
Maternity protection under the Labour Code is applicable to persons bound by all contracts of employment, except for the employment of persons that is regulated by a special law and some activities excluded of the scope of the Labour Code, such as jobs that are carried out on friendly, volunteering or neighbourliness basis.
Labour Code §§ 4, 5, 6
Duration
Compulsory leave
Pregnant women must not work 35 days before the expected date of giving birth and 42 days after giving birth. When the woman is pregnant with more than one baby, the first period becomes 60 days. After the period of 42 days following delivery, the woman shall decide whether she wants to work or benefit from social security.
Labour Code §§ 104, 105
General total duration
365 calendar days, including a minimum of 35 days prior to and 42 days after childbirth.
Social Insurance Act §27
Historical data (year indicates year of data collection)
2004: Three hundred and sixty-five calendar days
1998: n.a.
1994: n.a.
Extension
For women that during pregnancy would have more than one child, the benefit period shall be 390 calendar days, including a minimum of 60 days prior to and 42 days after childbirth.
Social Insurance Act § 27
Maternity leave benefits
Scope
Maternity benefits in Albania are applicable to employed persons, who are compulsorily insured, other economically active persons, such as employers and self-employed people and to people under voluntary insurance, such as university students.
Social Insurance Act §§ 2, 3, 6
Qualifying conditions
In Albania, there are 3 types of maternity benefits. The qualifying conditions for each of them are as follows: 1) Maternity benefit. It shall be payable to a woman with regard to pregnancy and childbirth, provided she has acquired 12 months of social insurance. 2) Maternity allowance benefit. It shall be awarded to reimburse loss of wage of an insured person who has to change employment for reasons of pregnancy, provided one year contributions have been paid, prior to being eligible to the benefit. 3) Birth grant. It shall be awarded to an insured person who is the mother or the father of a new born child, provided one of them has contributed for one year prior to the childbirth. The grant shall be payable only once and the mother shall have priority in eligibility, if insured.
Social Insurance Act §§ 27, 28, 29
Amount
The maternity benefit shall be paid during 365 calendar days, and during 390 days in case of multiple birth. The rate of maternity benefit for insured women shall be: a) 80 per cent of daily average of the annual assessment basis of last calendar year for the period prior to birth and for 150 calendar days after the birth; b) 50 per cent of daily average of the annual assessment basis of last calendar year for the rest of the period. The amount of maternity benefit for economically active women shall equal to the base flat-rate old-age pension.
Social Insurance Act § 27
Historical data (year indicates year of data collection)
2009: The maternity benefit shall be paid during 365 calendar days, and during 390 days in case of multiple birth. The rate of maternity benefit for insured women shall be: a) 80 per cent of daily average of the annual assessment basis of last calendar year for the period prior to birth and for 150 calendar days after the birth; b) 50 per cent of daily average of the annual assessment basis of last calendar year for the rest of the period. The amount of maternity benefit for economically active women shall equal to the base flat-rate old-age pension.
2004: Eighty percent prior to birth through one hundred and fifty days after, fifty percent for remainder
1998: n.a.
1994: n.a.
Financing of benefits
Social Insurance System, which is financed by contributions of employers and the insured.
Social Insurance Act §§ 6, 9, 10, 11, 12
Historical data (year indicates year of data collection)
2009: Social Insurance System, which is financed by contributions of employers and the insured.
2004: Social security
1998: n.a.
1994: n.a.
Algeria - Maternity protection - 2011
LAST UPDATE
04 April 2011.
Remarks: Article 3 of the labour act states that the following activities are excluded from its scope, and therefore shall be regulated by specific legislations: civil and military, judges, agents and servers of public institutions and public administration, wilayas and commune, as well as staff from public establishments having of administrative character. Other categories excluded from the scope of the labour act are: Article 4 states that taking into account the current legislation and notwithstanding the provisions of the act, whenever needed, the following categories of workers may be regulated by a specific legislation: companies' CEOs, staff of maritime and flight transportation, staff of fishing and commerce boats, homeworkers, journalists, artists and actors, high performance athletes and home staff.
Scope
Are considered as working period for the determination of the annual leave: - absent periods for maternity leave, disease or work accidents.
During the pre and post-natal periods the female workers have the right to maternity leave according to law.
The labour relation may be legally suspended in case: - of disease leave or any leave similar to it, if forseen by the social security legislation.
Labour Relations Act §46, 55, 64.
Remarks: Article 3 of the labour act states that the following activities are excluded from its scope, and therefore shall be regulated by specific legislations: civil and military, judges, agents and servers of public institutions and public administration, wilayas and commune, as well as staff from public establishments having of administrative character. Other categories excluded from the scope of the labour act are: Article 4 states that taking into account the current legislation and notwithstanding the provisions of the act, whenever needed, the following categories of workers may be regulated by a specific legislation: companies' CEOs, staff of maritime and flight transportation, staff of fishing and commerce boats, homeworkers, journalists, artists and actors, high performance athletes and home staff.
Duration
Compulsory leave
At least one week before confinement.
Social Insurance Act §29
General total duration
The daily benefit conceeded to the female worker due for maternity leave shall be given for the period in which she has interrupted work, that is up to 14 weeks.
The pregnant worker has to stop working before the date of birth, determined by a medical certificate.
However, this period cannot be inferior to one week.
Social Insurance Act §29
Historical data (year indicates year of data collection)
2009: 14 consecutive weeks.
2004: 14 weeks
1998: 14 weeks
1994: 14 weeks
Maternity leave benefits
Scope
Every worker, whether employees or related employees, no matter in which activity sector they belong or in which legal regime they belonged before the entry into force of this act, shall benefit from the social security.
Social Insurance Act §3
Qualifying conditions
In order to have the right to cash benefits from the social security system during maternity leave, the female worker has to have worked at least 9 days or 60 hours in the last 3 months preeceding the first date she took knowledge of the pregnancy; or 36 days or 240 hours in the last 12 months preceeding the first date she took knowledge of the pregnancy.
-Pregnant workers shall cease their work before the presumed date of confinement. -They shall have at least 15 days or 100 hours of work during the 3 months preceding the date of the first medical certificate of pregnancy; or at least 60 days or 400 hours during the 12 months preceding that date.
-The woman must notify social security of her pregnancy at least 6 months before the expected date of confinement, and she must have a complete medical examination before the end of the third month of pregnancy, an obstetrical examination during the sixth month, and 2 gynaecological examinations (one 4 weeks before the birth and one 8 weeks after). If not, cash benefits are reduced by 20 per cent. -The woman must present to the Social Security Institution a certificate indicating she has ceased to work, and a wage certificate from the employer.
Social Insurance Act §55 Decree No. 84-27 concerning regulations for the implementation of Act No. 83-11 §32-39
Duration
The daily benefit conceeded to the female worker due for maternity leave shall be given for the period in which she has interrupted work, that is up to 14 weeks.
Social Insurance Act §29(1)
Amount
The female worker, obliged to interrupt work because of the pregnancy, has the right to a daily benefit during matertiny leave equal to a 100% of the regular wage she receives.
Social Insurance Act §28
Historical data (year indicates year of data collection)
2009: 100 per cent.
2004: 100 percent
1998: 100 percent
1994: 100 percent
Financing of benefits
The financing of the social security benefits costs will be assured by a part of the compulsory contribution, paid by both employers and employees determined by Title I of this Act.
Social Insurance Act §72
Historical data (year indicates year of data collection)
2009: Social security system, which is financed by the contributions of employers and persons covered by the social insurance act.
2004: Social security
1998: Social security
1994: Social security
Angola - Maternity protection - 2011
LAST UPDATE
15 March 2011.
Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.
Scope
All pregnant workers are entitled to the rights established in the maternity protection section of the Labour Code.
General Labour Act §272(1)
Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.
Duration
Compulsory leave
Maternity leave can be taken from 4 weeks before the birth, having the following 8 weeks to be taken after the birth.
Presidential Decree n. 8/11 on Maternity Protection §5(2)
General total duration
The female worker has the right to 3 months (12 weeks) of maternity leave.
General Labour Act §273(1) Presidential Decree n. 8/11 on Maternity Protection §5(1)
Historical data (year indicates year of data collection)
2009: 12 weeks.
2004: Three months
1998: Ninety days
1994: Ninety days
Extension
The female worker has the right of an extension of 4 weeks in case of multiple birth.
If the birth takes place after the fixed date for the beggining of the maternity leave, this should be extended for the necessary period so the worker will be able to enjoy at least 9 weeks of leave after the birth.
Decree 52/05, 8 August 2005 on Maternity Protection §2(3)(4) Presidential Decree n. 8/11 on Maternity Protection §5(3), 7(1)
Maternity leave benefits
Scope
All female workers bound to the compulsory social protection system.
Decree 52/05, 8 August 2005 on Maternity Protection §1
Remarks: Although the Labour Code restricts its scope, the decree regulating maternity protection refers to all "female workers".
Duration
The female worker has the right to 3 months (12 weeks) of maternity leave.
Maternity leave benefits are due from the first day of the leave and shall correspond to the entirety of the leave period, in the terms expressed in art. 5 of the present decree.
General Labour Act §273(6) Presidential Decree n. 8/11 on Maternity Protection §5(1), 11
Amount
The total amount of the cash benefits shall be of 100% of the average daily wage effectively registered in the last two months before the beginning of the leave, but the months where the employee worked less than 20 days shall not be considered (in the calculation).
Decree 52/05, 8 August 2005 on Maternity Protection §10(1) General Labour Act §273/6)
Historical data (year indicates year of data collection)
2009: 100 per cent
2004: One hundred percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
The employer shall pay the cash benefits in advance to the employee, completing it until it reaches the total amount due if the female worker was in service. In this case the employer acquires the right to reimboursement before the social security system.
The employer shall pay the maternity leave benefits and pre-maternity benefits within 30 days counting from the beggining of the leave.
General Labour Act §273(6) Presidential Decree n. 8/11 on Maternity Protection §10(1)
Historical data (year indicates year of data collection)
2009: Social security and employer.
2004: Social security (if necessary employer tops up)
1998: Employer
1994: Employer
Antigua and Barbuda - Maternity protection - 2011
LAST UPDATE
25 March 2011
Scope
A female employee shall, on production of a medical certificate stating the presumed date of her confinement, be entitled to a period of maternity leave in accordance with the provisions of this section.
To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to (a) established employees of the Government; (b) persons in the naval, military, or air forces of the Government; (c) the Police Force; (d)persons holding the status of diplomatic agents; or (e) persons employed by the United Nations or its specialised agencies.
The Antigua and Barbuda Labour Code C20. (1), A6
Qualifying conditions
A female employee is entitled to enjoy maternity leave whenever she has been working a minimum of 12 months unbroken service. Civil servants shall comply at least 6 continuous months for being entitled to enjoy maternity leave.
The Antigua and Barbuda Labour Code C20. (2) The Civil Service Regulations, 1993 Regulation 113
Duration
General total duration
Maternity leave shall be granted for a period not less than 6 weeks and up to 13 weeks.
The Antigua and Barbuda Labour Code C20. (2) The Civil Service Regulations, 1993 Regulation 114 (2)
Historical data (year indicates year of data collection)
2009: 13 weeks.
2004: Thirteen weeks
1998: Thirteen weeks
1994: Thirteen weeks
Maternity leave benefits
Scope
Maternity benefit shall be granted in the case of the pregnancy of a woman who is an insured person or the wife of an insured person.
Maternity benefit shall consist of maternity grant (one-time payment), maternity allowance(weekly benefit) or both.
Social Security (Benefits)(Maternity) Regulations §4, §5
Qualifying conditions
A woman shall be entitled to a maternity grant if she has been confined and she or her husband has paid twenty-six weekly contributions preceding his or her entry into insurance and in the year inmediately preceding the confinement, or if satisfies the conditions for maternity allowance.
Maternity allowance shall be payable only if the woman has paid contributions for not less than 26 weeks in the 52 weeks immediately preceding the day from which the benefits are claimed.
Social Security (Benefits)(Maternity) Regulations §6, §9
Duration
Maternity allowance is paid for a maximum of 13 weeks, commencing as early as 6 weeks before confinement or as late as the week of confinement.
Social Security (Benefits)(Maternity) Regulations §10
Amount
The rate of the maternity allowance is 60% of the insured’s average weekly earnings in the 52 weeks before the last 6 weeks prior to the expected week of childbirth.
The maternity grant is paid in a lump sum of EC$560.
Social Security (Benefits)(Maternity) Regulations §11 International Social Security Association Summary for Antigua and Bermuda
Historical data (year indicates year of data collection)
2009: 100 per cent for the first 6 weeks
60 per cent for additional 7 weeks
2004: Sixty percent
1998: Sixty percent
1994: Sixty percent
Financing of benefits
The contributions to the Social Security Fund, into which is provided all benefits including maternity benefits, shall be payable by insured persons and by employers.
The Social Security Act §3(2)(a) §21(1)
Historical data (year indicates year of data collection)
2009: Social Insurance (60 per cent for 13 weeks)
Employer (40 per cent for the first 6 weeks)
2004: Social security
1998: Social security & possible employer supplement
1994: Social security & possible employer supplement
Alternative provisions
When a woman is confined of twins or a greater number of children she shall be entitled to a maternity grant for each of them.
Social Security (Benefits)(Maternity) Regulations §7
Argentina - Maternity protection - 2011
LAST UPDATE
11 November 2011
Scope
Maternity protection is conferred by the Act on Employment Contracts and covers all working women, with the exception of public employees (except where they are expressly included within its scope or within the scope of collective labour agreements), domestic workers and agricultural workers. The law on agricultural employment establishes a similar protection scheme for maternity, which covers all agricultural workers.
Act No. 20,744 on Employment Contracts §2; §158 (a) Act No. 22,248 approving the National Regulation on Agricultural Work §113
Qualifying conditions
A woman worker shall notify her employer of her pregnancy, and shall produce a medical certificate stating the expected confinement date.
Act No. 20,744 on Employment Contracts §177 Act No. 22,248 approving the National Regulation on Agricultural Work §113
Duration
Compulsory leave
minimum 30 days before confinement
Act No. 20,744 on Employment Contracts §177 Act No. 22,248 approving the National Regulation on Agricultural Work §113
General total duration
90 days (45 days before and the 45 days after confinement). However, the worker may opt to reduce her pre-natal leave but this shall not be less than 30 days. The remainder of the total leave period shall then be added to her post-natal leave. In the case of a premature birth, the full period of leave that the worker did not take before her confinement shall be carried over to the period of her confinement, so that she is granted 90 days altogether.
Act No. 20,744 on Employment Contracts §177 Act No. 22,248 approving the National Regulation on Agricultural Work §113
Historical data (year indicates year of data collection)
2004: Ninety days
1998: Ninety days
1994: Ninety days
Extension
A woman worker who has worked for more than one year in the enterprise may opt to extend her maternity leave for a period of not less than three months and not more than six months to care of the child. Should the child be born with Down syndrome, the mother shall be entitled to a further six months’ leave without pay under the same conditions as paid maternity leave.
Act No. 20,744 on Employment Contracts § 183 (c) Act No. 24,716 §1 and 3
Maternity leave benefits
Scope
Women who are privately employed, whatever the form of employment contract, beneficiaries of the Act on Labour Risks; beneficiaries of unemployment benefits; beneficiaries of the Act on the Integrated Retirement and Pensions System; and beneficiaries of the non-contributory pensions plan for disability, and national, provincial or municipal civil service employees. Excluded are domestic workers, without prejudice to the executive authority including them in the scope of application of the Act on Labour Risks
Act No. 24,714, on Family Allowances, of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §1, 2 Act No. 24,557 on Labour Risks §2
Qualifying conditions
The female workers must have been in their employment for a continuous period of three months or have received unemployment benefits. Temporary workers must have a proven record of employment with one or more employers in the 12 months immediately preceding the start of their current employment.
Act No. 24,714, on Family Allowances, of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §2, 11 Decree No. 1245 §2
Duration
90 days.
Act No. 24,714, on Family Allowances, of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §11 Act No. 20,744 on Employment Contracts §177
Amount
100 per cent.
Act No. 24,714, on Family Allowances, of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §11
Historical data (year indicates year of data collection)
2009: 100 per cent.
2004: One hundred percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
Through family allowance funds, which are financed through state and employer contributions.
Act No. 24,714, on Family Allowances, of 2 October 1996 (Boletín Oficial No. 28503, 18 October 1996, p.1), as amended up 2 October 2008 by Decree No. 1591/2008 (Decreto 1591/2008 Modifícanse los rangos, topes y montos de las asignaciones familiares contempladas en la Ley N° 24.714, Boletín Oficial No. 31503, 3 October 2008, p.5) §1, §5 Act No. 24,557 on Labour Risks §23
Historical data (year indicates year of data collection)
2009: Through family allowance funds, which are financed through state and employer contributions.
2004: Social security
1998: Social security
1994: Social security
Armenia - Maternity protection - 2011
LAST UPDATE
29 August 2011
Scope
Labor legislation and other normative legal acts shall be applied to labor relations in the territory of the Republic of Armenia regardless of the fact whether the work is performed in the Republic of Armenia or in another country with the instruction of the employer.
All working women shall be provided with pregnancy and maternity leave with their full wage being paid.
Labour Code Art.7, art.172
Duration
Compulsory leave
Maternity leave is compulsory 70 days before confinement and at least 70 days after.
Labour Code Art.172
General total duration
The total duration of maternity leave is 140 calendar days, which shall be enjoyed 70 before and 70 after delivery.
Labour Code Art.172
Extension
In the event of complicated delivery the leave to be enjoyed after confinement is extended up to 85 days and in the event of given birth to more than one child, up to 110 calendar days.
This leave shall be calculated at once and granted to the woman in full. In case of premature delivery the unused days of maternity leave are added to the leave for the delivery.
Labour Code Art.172
Maternity leave benefits
Scope
Labor legislation and other normative legal acts shall be applied to labor relations in the territory of the Republic of Armenia regardless of the fact whether the work is performed in the Republic of Armenia or in another country with the instruction of the employer.
All working women shall be provided with their full wage during maternity leave.
Labour Code Art.7.1, 172.1
Duration
The duration of the benefits corresponds to the duration of the leave.
Labour Code Art.172.1
Amount
Maternity leave is enjoyable as 100% of the normal wage.
Labour Code Art.172
Australia - Maternity protection - 2011
LAST UPDATE
7 March 2011
Scope
The parental leave provisions of the Fair Work Act apply to all employees whose employment falls within the geographic application of the Act.
Fair Work Act 2009 For general scope of provisions, see Division 5 of Part 2-2 of Chapter 2 For extension to non-national system employees see Division 2 of Part 6-3 of Chapter 6 For geographical application of the Act, see Division 3 of Part 1-3 of Chapter 1
Qualifying conditions
In order to qualify for parental leave, an employee must: (a) have worked for the employer for a continuous period of 12 months as at the date of commencement of the parental leave; (b) if a casual employee, have worked on a regular and systematic basis over the course of that 12 month period and have a reasonable expectation of ongoing employment; (c) have, or be going to have during the period of parental leave, a responsibility for the care of the child; (d) provide at least 10 weeks’ written notice and, if required by the employer, evidence of the actual or expected date of birth of the child.
Fair Work Act 2009 §§67, 70, 74
Duration
Compulsory leave
Female employees may be required to take unpaid leave within 6 weeks prior to the expected birth of a child if she is certified as unfit for work or fails to provide a medical certificate when asked to do so by her employer.
Fair Work Act 2009 §73
General total duration
Employees who qualify for unpaid parental leave are entitled to 12 months’ leave, less any period of special maternity leave taken by the mother during the pregnancy. Where the employee is a member of an employee couple, the length of the employee’s entitlement will also be reduced by any extension period taken by the employee’s partner under s76 of the Fair Work Act.
A birth mother’s period of parental leave is to commence up to 6 weeks before the expected date of birth and no later than the actual date of birth of the child.
Parental leave is to be taken as a single continuous period of leave. The only exception to this rule is where a couple exercises the right to take up to 3 weeks of concurrent parental leave at the time of the birth. In such cases, one employee may take part of his or her unpaid parental leave entitlement within 3 weeks’ of the child’s birth and recommence his or her leave when his or her partner returns to work.
Fair Work Act 2009 §§70, 71, 72
Historical data (year indicates year of data collection)
2004: Fifty-two weeks
1998: Fifty-two weeks
1994: Fifty-two weeks
Extension
Where an employee initially arranges to take less than the full 12 months of available parental leave entitlement following the birth of her child, she is entitled to extend her initial period of leave up to the end of the available 12 month period on 4 weeks’ written notice to her employer. The employee may only extend her unpaid parental leave in this way on one occassion without the consent of her employer.
An employee who takes all her available parental leave entitlements may request a further period of up to 12 months immediately following the end of the available parental leave period and within 24 months of the birth of the child. Special rules apply to employees whose partner also exercises a right to take unpaid parental leave. Such a request may be refused by an employer on reasonable business grounds.
Fair Work Act 2009 §§75, 76
Maternity leave benefits
Entitlements to cash benefits during maternity leave arise under the Parental Leave Act 2010 (details under ’Parental leave benefits’, below). Additional entitlements apply to federal government employees under the Maternity Leave Act. Additional cash benefit entitlements for private sector employees are to be set at an industry, enterprise or individual level.
In addition to the statutory entitlements provided by the Paid Parental Leave Act 2010, most female employees of the federal government and prescribed government agencies have a further statutory entitlement to 12 weeks of paid maternity leave.
Maternity Leave Act §6
Remarks: This entitlement is limited to Commonwealth government / government authority employees. Additional cash benefit entitlements for private sector employees are to be set at an industry, enterprise or individual level.
Austria - Maternity protection - 2011
LAST UPDATE
24 November 2011.
Scope
This Federal Act shall apply to female: 1. employees/workers 2. homeworkers.
This Federal Act shall not apply to female: 1. employees whose employment relationship is governed by the Agricultural Labour Act (Landarbeitsgesetz, LAG) 1984, Federal Law Gazette no. 287; 2. employees who have an employment relationship with an Austrian state (Land), a municipality (Gemeinde) or a local authorities association (Gemeindverband), unless they work in businesses.
Notwithstanding para. 2 n.2, this Federal Act shall apply to female employees whose civil-service employment relationship has to be specified by the Federal Government pursuant to Art. 14 para. 2 or Art. 14a para. 3 lit. b of the Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz, B-VG).
The regulations for employees stipulated in this Federal Act shall also apply to female apprentices; the regulations stipulated for employers shall also apply to clients as defined in the Homeworking Act (Heimarbeitsgesetz, HAG) 1960, Federal Law Gazette no. 105/1961.
Chapters 2 to 7 of this Federal ACt shall apply to: 1. employees who are employed in the framework of one of the employment relationships listed in Section 18, with the deviations stated in Chapter 8; 2. employees working in private households, with the deviations stated in Chapter 9; 3. homeworkers, with the deviations stated in Chapter 10.
Maternity Protection Act Chapter 1
Qualifying conditions
Pregnant employees shall notify their employers of their pregnancy, as soon as they have learned about it, and shall at the same time specify the presumed date of confinement. Moreover, they shall be obliged to notify the employer of the commencement of the eight-week period (Para. 1) in the fourth week prior to it. At the employer’s request, pregnant employees shall produce a medical certificate confirming the pregnancy and specifying the presumed date of confinement. The employer shall be informed about a premature termination of the pregnancy.
Maternity Protection Act §3(4)
Duration
Compulsory leave
Pregnant women must not work during the last eight weeks immediately prior to the presumed date of confinement (eight-week period).
Employees must not be employed during a period of eight weeks following childbirth. In the case of premature births, multiple births or Caesarian section births, this period shall be at least twelve weeks. If the portion of the eight-week period (Section 3 Para. 1) prior to childbirth was shorter, the missing time shall be added to the maternity leave period (Schutzfrist) after childbirth, which must, however, not exceed 16 weeks. Employees must not perform work listed under Section 4 Para. 2 nos. 1, 2, 3, 4, 8, 9, 12 and 13 during a period of twelve weeks after childbirth.
Maternity Protection Act §3(1), 5(1)(3)
Remarks: Under no circumstances must pregnant employees perform heavy physical work or any work or working processes which are harmful to their organism or that of the unborn child due to the kind of the work process or the agents or work equipment used. Work as defined in Para. 1 shall in particular include: 1. work entailing the regular manual lifting of loads with a weight of more than 5kg or the occasional lifting of loads with a weight of more than 10kg without any mechanical tools or the regular manual handling or moving of loads with a weight of more than 8kg or the occsaional manual handling or moving of loads with a weight of more than 15kg without any mechanical tools; if bigger loads are lifted, handled or moved with the help of mechanical tools, the physical burdens must not be higher than in the case of the aforementioned activities; 2. work performed by pregnant employees mainly in a standing position as well as work that entails corresponding static strain, unless there are seats for the employee to have a short rest; after the expiry of the 20th week of pregnancy all such work, if it is performed for more than four hours, even if there is a seat for the employee to have a short rest; 3. work entailing the risk of an occupational disease as defined in the relevant provisions of the General Social Insurance Act (Allgemeines Sozialversicherungsgesetz, ASVG), Federal Law Gazette no. 189/1955; 4. work where pregnant employees are exposed to the effects of harmful agents, no matter whether they are in a solid, fluid, dusty, gaseous or vaporous state, harmful radiation or the harmful effects of heat, cold or humidity, where damage cannot be ruled out; 8. peeling wood with hand knives; 9. piece-work, work similar to piece-work, assembly line work with a required work speed, performance-related work and other work where a higher pay can be achieved by an increased work speed, for example, work that is paid based on job evaluation (personality assessment) procedures, statistical procedures, data collection procedures, systems of predetermined times or similar pay determination methods, if the associated average output is beyond the pregnant employee¿s strength. After the expiry of the 20th week of pregnancy, piece-work, work similar to piece-work, performance-related work and assembly line work with a fixed work speed are prohibited in any case; work that is paid based on job evaluation (personality assessment) procedures, statistical procedures, data collection procedures, systems of predetermined times or similar pay determination methods may be forbidden by the competent Labour Inspectorate on a case-by-case basis; 12. underground mining work; 13. work in a high-pressure atmosphere (air with a hyperbaric atmosphere of more than 0.1 bar), particularly pressurised enclosures and underwater diving. Maternity Protection Act, §4(1)(2)1), 2), 3), 4), 8), 9), 12), 13)
General total duration
Pregnant women must not work during the last eight weeks immediately prior to the presumed date of confinement (eight-week period). The eight-week period (Para. 1) has to be calculated on the basis of a medical certificate. When the date of confinement occurs earlier or later than stated in the certificate, the period shall be shortened or extended accordingly.
Employees must not work during a period of eight weeks following childbirth. In the case of premature births, multiple births or Caesarian section births, this period shall be at least twelve weeks. If the portion of the eight-week period (Section 3 Para. 1) prior to childbirth was shorter, the missing time shall be added to the maternity leave period (Schutzfrist) after childbirth, which must, however, not exceed 16 weeks.
Maternity Protection Act §3(1)(2), 5(1)
Historical data (year indicates year of data collection)
2009: 16 weeks (8 weeks prenatal and 8 weeks postnatal).
The 8-week prenatal leave period will be calculated on the basis of a doctor’s declaration.
2004: Sixteen weeks
1998: Sixteen weeks
1994: Sixteen weeks
Extension
The eight-week period (Para. 1) has to be calculated on the basis of a medical certificate. When the date of confinement occurs earlier or later than stated in the certificate, the period shall be shortened or extended accordingly. Employees must not work during a period of eight weeks following childbirth. In the case of premature births, multiple births or Caesarian section births, this period shall be at least twelve weeks. If the portion of the eight-week period (Section 3 Para. 1) prior to childbirth was shorter, the missing time shall be added to the maternity leave period (Schutzfrist) after childbirth, which must, however, not exceed 16 weeks.
Maternity Protection Act §3(2), 5(1)
Maternity leave benefits
Scope
All those insured under the General Health Insurance Act may qualify for daily maternity benefits; exceptions exist.
General Social Insurance Act §162(1)(5)
Duration
Daily maternity benefit (Wochengeld) is paid during compulsory leave (in general 16 weeks altogehter - 8 weeks before and after delivery; 24 weeks after multiple or cesarean birth) and for any period where a women¿ work is prohibited on the grounds of the provisions of maternity protection.
General Social Insurance Act §162 (1)(3) Maternity Protection Act §14(4)
Amount
100 % of the average daily wage earned over the last 13 weeks (or 3 months) before the start of the maternity leave, minus the statutory deductions. Detailed regulations on the calculation of the amount of benefits exist. The female worker remains entitled to other payments, especially one-off ones.
General Social Insurance Act §162 (1)(3) Maternity Protection Act §14(4)
Historical data (year indicates year of data collection)
2004: One hundred percent
1998: One hundred percent
1994: One hundred percent
Financing of benefits
Statutory Health Insurance
General Social Insurance Act §§2, 116 (1), 162
Historical data (year indicates year of data collection)
2009: Statutory Health Insurance
2004: Social security
1998: Social security
1994: Social security
Azerbaijan - Maternity protection - 2011
LAST UPDATE
July 2012
Scope
Maternity leave under the Labour Code shall be applicable to employees working in enterprises and workplaces where a contract of employment exists as well as to employees performing jobs in their homes using the employer’s materials. The Labour Code also applies to all workplaces incorporated by foreign countries, their citizens or entities, international organizations and stateless persons in the Republic of Azerbaijan and to public officials, with the exceptions established in the law.
Labour Code §4-6
Duration
General total duration
126 calendar days (70 calendar days prenatal and 56 calendar days postnatal leave)
Labour Code §125
Historical data (year indicates year of data collection)
2009: 126 calendar days (70 calendar days prenatal and 56 calendar days postnatal leave)
2004: One hundred and twenty-six calendar days
1998: n.a.
1994: n.a.
Extension
In the event of abnormal or multiple births, women shall be granted 70 days leave after childbirth. Women working in industry shall be granted 140 days for normal childbirth (70 days before and 70 days after birth); 156 calendar days in the event of abnormal birth (70 calendar days before and 86 after birth); 180 calendar days in the event of multiple births ( 70 days before and 110 calendar days after birth). Unpaid leave is granted with the employer’s consent for up to 14 calendar days for women with children under the age of 16 or single parents or guardians.
Labour Code §125-130
Maternity leave benefits
Duration
126 days.
Social Security Programs Throughout the World: Asia and the Pacific, 2008 - Azerbaijan
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