1 Maternity Protection Convention 2000, No. 183. 2 ILO Standards on Maternity Protection Maternity Protection Convention, 1919 (No. 3) Maternity Protection.

11

Maternity ProtectionMaternity ProtectionConvention 2000, No. 183Convention 2000, No. 183

22

ILO Standards on Maternity ILO Standards on Maternity ProtectionProtection

Maternity Protection Convention, 1919 (No. 3)Maternity Protection Convention, 1919 (No. 3) Maternity Protection Convention, 1952 (No. 103)Maternity Protection Convention, 1952 (No. 103) Maternity Protection Convention, 2000 (No. 183)Maternity Protection Convention, 2000 (No. 183)

****** Maternity Protection Recommendation, 1952 Maternity Protection Recommendation, 1952

(No. 95)(No. 95) Maternity Protection Recommendation, 2000 Maternity Protection Recommendation, 2000

(No. 191)(No. 191)

33

Why maternity protection?Why maternity protection?

Protect against Protect against discriminationdiscrimination due to due to the reproductive role of womenthe reproductive role of women

Promote Promote equalityequality for all women in the for all women in the workforce and the health and safety workforce and the health and safety of the pregnant or nursing mother of the pregnant or nursing mother and the childand the child

44

What is maternity protection?What is maternity protection?

Maternity leaveMaternity leave Cash and medical benefitsCash and medical benefits Health protectionHealth protection Breast feedingBreast feeding Employment security Employment security Non-discriminationNon-discrimination

55

Who is covered?Who is covered?

Convention No. 3 (1919):Convention No. 3 (1919):Women in any public or private industrial or Women in any public or private industrial or commercial undertaking.commercial undertaking.

Convention No. 103 (1952):Convention No. 103 (1952):Women employed in industrial undertakings and Women employed in industrial undertakings and in non-industrial and agricultural occupations.in non-industrial and agricultural occupations.

Convention No. 183 (2000):Convention No. 183 (2000):All employed women including those in atypical All employed women including those in atypical forms of dependent work.forms of dependent work.

66

Health protectionHealth protection

«… adopt appropriate measures «… adopt appropriate measures to ensure that pregnant or to ensure that pregnant or breastfeeding women are not breastfeeding women are not obliged to perform work obliged to perform work prejudicial to the health of the prejudicial to the health of the mother or the child, »mother or the child, » (Article 3, ILO Convention No. 183)(Article 3, ILO Convention No. 183)

PregnancyPregnancy is not an illness … is not an illness …

88

Health protectionHealth protection

Workplace risk assessmentWorkplace risk assessmentIf risks:If risks: take measures to eliminate riskstake measures to eliminate risks adapt working conditionsadapt working conditions provide a transfer to safe workprovide a transfer to safe work paid leave, if necessarypaid leave, if necessary

Right to return to her job or an equivalent Right to return to her job or an equivalent one when it is safe to do so.one when it is safe to do so.

99

Maternity leaveMaternity leave Not less thanNot less than 14 weeks14 weeks Maternity leave can be taken as combinations of Maternity leave can be taken as combinations of

pre- and post-natal leave.pre- and post-natal leave. Compulsory postnatal leave of Compulsory postnatal leave of 6 weeks6 weeks unless unless

otherwise agreed at the national levelotherwise agreed at the national level Additional leave in case of illness, complications Additional leave in case of illness, complications

or risk of complicationsor risk of complications Right to return to same job or one with same pay.Right to return to same job or one with same pay.

Convention No. 183, Articles 4 and 5Convention No. 183, Articles 4 and 5

1010

Length of leave in 156 countriesLength of leave in 156 countries

21% 26%

10%

18%

25%

0%

5%

10%

15%

20%

25%

30%

less than 12weeks

12 weeks 13 weeks 14 weeks 15 or more

less than 12 weeks 12 weeks 13 weeks 14 weeks 15 or more

1111

Why is maternity leave Why is maternity leave important?important?

Fact 1:Fact 1:

Rest is an important preventive. measureRest is an important preventive. measure

Fact 2:Fact 2:

Returning to work too soon may increase Returning to work too soon may increase the risk of acute complications.the risk of acute complications.

Fact 3:Fact 3:

Leave allows women time to establish Leave allows women time to establish breast feeding.breast feeding.

1212

Related types of leaveRelated types of leave

Parental leave:Parental leave: Leave and benefits for either parent Leave and benefits for either parent

after maternity leaveafter maternity leave

Paternity leave:Paternity leave: Leave for father at birth of childLeave for father at birth of child

1313

CASH BENEFITS:CASH BENEFITS:The need for a secure incomeThe need for a secure income

« Cash benefits shall be at the national « Cash benefits shall be at the national level which ensures that the woman level which ensures that the woman can maintain herself and her child in can maintain herself and her child in proper conditions of health and with proper conditions of health and with a suitable standard of living. »a suitable standard of living. »

(Ariticle 6, paragraph 2, ILO Convention No. 183)(Ariticle 6, paragraph 2, ILO Convention No. 183)

1414

Cash benefitsCash benefits

No less than two-thirds of a woman’s No less than two-thirds of a woman’s previous earnings or insured earningsprevious earnings or insured earnings

Qualifying conditions which can be met by Qualifying conditions which can be met by a large majority of employed womena large majority of employed women

Where women do not meet the qualifying Where women do not meet the qualifying conditions, social assistance funds will be conditions, social assistance funds will be provided subject to means testing.provided subject to means testing.

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Financing of BenefitsFinancing of Benefits

In order to protect women in the labour market, In order to protect women in the labour market, benefits in respect to leave shall be provided benefits in respect to leave shall be provided through compulsory social insurance or public through compulsory social insurance or public funds, or in a manner determined by national law funds, or in a manner determined by national law and practice.and practice.

(Article 6, paragraph 8, C. 183)(Article 6, paragraph 8, C. 183)

Employer liability is only permissible, if Employer liability is only permissible, if a) Employer agreesa) Employer agrees

or b) in force nationally before 15 June 2000,or b) in force nationally before 15 June 2000,or c) there is a national tripartite agreement or c) there is a national tripartite agreement

thereafter thereafter

1616

Developing EconomiesDeveloping Economies

For countries with insufficiently developed For countries with insufficiently developed economies to pay the cash benefits at the economies to pay the cash benefits at the level outlined in the Convention, level outlined in the Convention, alternative measures are available.alternative measures are available.

« … if cash benefits are provided at a rate « … if cash benefits are provided at a rate no lower than a rate payable for sickness no lower than a rate payable for sickness or temporary disability in accordance with or temporary disability in accordance with national laws and regulations. »national laws and regulations. »(Article 7, paragraph 1, Convention 183)(Article 7, paragraph 1, Convention 183)

1717

Medical benefitsMedical benefits

Prenatal, childbirth and postnatal Prenatal, childbirth and postnatal medical caremedical care

Hospitalization care, when necessaryHospitalization care, when necessary To the extent possible, medical To the extent possible, medical

benefits should include;benefits should include;• Qualified medical staff,Qualified medical staff,• Required pharmaceutical,Required pharmaceutical,• Examinations and testsExaminations and tests

1818

Employment securityEmployment security

No dismissal during:No dismissal during: Pregnancy,Pregnancy, Maternity leave,Maternity leave, Leave for maternity-related illness or Leave for maternity-related illness or

complications,complications, A period following the woman’s A period following the woman’s

return to work.return to work.

1919

No Dismissal Except for …No Dismissal Except for …

Reasons Reasons unrelatedunrelated to maternity to maternity Burden of proof is on the employer to Burden of proof is on the employer to

show that the dismissal is not related show that the dismissal is not related to:to:• pregnancy,pregnancy,• childbirth and its consequences,childbirth and its consequences,• nursing.nursing.

2020

Non-discriminationNon-discrimination

Members must take measures to ensure Members must take measures to ensure that maternity is not a source of that maternity is not a source of discrimination in employment.discrimination in employment.(Examples: Recruitment; Access to training; (Examples: Recruitment; Access to training; Conditions of Employment; Promotional Conditions of Employment; Promotional opportunities etc.)opportunities etc.)

NoNo pregnancy testing at recruitment pregnancy testing at recruitment

2121

BreastfeedingBreastfeeding

Right to one or more daily breaks or Right to one or more daily breaks or reduction in working time for the reduction in working time for the purpose of breastfeeding.purpose of breastfeeding.

Length and number of breaks is Length and number of breaks is decided nationally.decided nationally.

Nursing breaks are to be counted as Nursing breaks are to be counted as working time and remunerated.working time and remunerated.

2222

National provisions for National provisions for Breastfeeding BreaksBreastfeeding Breaks

There are at least 92 countries where There are at least 92 countries where national legislation provides for national legislation provides for breastfeeding breaks of one hour or breastfeeding breaks of one hour or more.more.

2323

Why is breastfeeding important Why is breastfeeding important for mothers?for mothers?

Fact 1:Fact 1:It helps the mother to recover after It helps the mother to recover after birth and to return to her normal birth and to return to her normal weight faster.weight faster.

Fact 2:Fact 2:Provides some protection against Provides some protection against breast cancer and new conception.breast cancer and new conception.

Fact 3:Fact 3:Strengthens mother-child bonding.Strengthens mother-child bonding.

2424

Why is breastfeeding important Why is breastfeeding important for babies?for babies?

Fact 1:Fact 1:

It strengthens the child’s immune system.It strengthens the child’s immune system.

Fact 2:Fact 2:

Breastmilk is the most suitable food as it is Breastmilk is the most suitable food as it is easy to digest and can be safely given easy to digest and can be safely given even when the baby is ill.even when the baby is ill.

Fact 3:Fact 3:

Breastmild is bacteria-free and it contains Breastmild is bacteria-free and it contains anti-infective factors.anti-infective factors.

2525

Stronger ProtectionStronger Protection

Wider scopeWider scope Longer maternity leaveLonger maternity leave Non-discrimination measuresNon-discrimination measures Health protection and breastfeedingHealth protection and breastfeeding Cash benefitsCash benefits Guaranteed right to return to jobGuaranteed right to return to job

2626

Greater flexibilityGreater flexibility

Methods of financingMethods of financing Computation of benefitsComputation of benefits Provisions for developing countriesProvisions for developing countries Protection against dismissalProtection against dismissal

2727

Maternity protection: Key areas Maternity protection: Key areas for national actionfor national action

Ensuring awareness and Ensuring awareness and implementation of legal provisions implementation of legal provisions that existthat exist

Strengthening national legal Strengthening national legal provisionsprovisions

Securing ratification of Convention Securing ratification of Convention No. 183No. 183

2828

Protecting maternity is not a Protecting maternity is not a women’s issuewomen’s issue

All society is concerned – including All society is concerned – including Governments, employers, trade Governments, employers, trade unions and menunions and men

2929

Who pays the benefit Who pays the benefit

Who pays the benefit 2004 - 165 countries

55%

16%

26%

3%

38%

20%

38%

4%

65%

26%

6%3%

28%

11%

56%

5%

89%

7%4%0%0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

All regions Africa Americas Asia & Pacific Europe & C. Asia

Social securityMixedEmployerUnpaid