Maternity Benefits in SriLanka for CD

Pearl WeerasingheAdditional Commissioner General of LabourDepartment of LabourTel : 011-2581970

Working Mothers and Breastfeeding

Maternity BenefitsObjectives

To make provision for the payment of maternity benefits to women workers.

For the matters to the employment of such women before & after their confinement

CoveragePrivate Sector Maternity Benefits Ordinance No.32 of

1939 Shop & Office Employees Act no.19 of 1954

Public sector Section 18 of Chapter 12 of the

establishment Code

Maternity Benefits OrdinanceMaternity Leave

• 12 weeks – 2 weeks prior to the confinement.• Inclusive the day of confinement 10 weeks immediately

following that including the day of confinement • if the confinement results in the issue of live child or

children and the woman worker has no child or has one child.

• 6 weeks – 2 weeks prior to the confinement including the day of confinementresult in the issue of live child and such woman has 2 or more children at the date of confinement.

• If the confinement does not result in the issue of live child,

• It the confinement results in the issue of viable foetus,

Viable Foetus

In the event of any doubt regarding the period of gestation following conditions should be full filled;

(a) The length of the foetus should be at least 12 inches

(b). The weight of the foetus should be at least 2 pounds.

(c). At least 28 weeks gestation .

Note: If the woman worker was unable to take 2 weeks prior to the confinement, she

is entitled to take immediately following the 4 or 10 weeks period.

The present rate payable 1. 6/7 of the wages

A woman worker who is paid at a time rate is entitled to get 6/7 of the wage.

• Note – Maternity benefits are not payable in case of an abortion.

If a woman worker dies at the time of or after confinement the benefits is payable in respect of the period up to and inclusive of the day or which death occurs

Proof of confinement• A certificate from a Medical Practitioner who

attended at the confinement of the women worker.

• A certificate from the officer – in – charge of the lying in home, maternity home or other institution where the confinement took place.

• A certificate from a mid wife who attended at the confinement of the woman worker.

• A certificate signed by any two persons who attended the confinement of the woman worker and can bear witness to the confinement. and

• A certificate relating to the birth of the child and issued under the Births and Deaths Registration Ordinance -Chapter 94

Nursing intervals• If the woman worker is nursing the child under

one year of age, allow her in any period of 9hours two nursing intervals to nurse baby until the baby is one year old.

• Intervals should be given in morning and afternoon at time specified by her.

• Addition to other intervals allowed for meal and rest under any written Law.

• Half an hour duration if crèche facilities available in the work place, otherwise it should be an hour

Shop & Office Employees Act No. 19 of 1954

Benefits Payable • 14 working days prior to the confinement • 70 working days after confinement for the 1st and

2nd live births.• Other confinements 42 working days.• Weekly holiday entitlement is 1 ½ days .• Remuneration -full 3 months • Notice should be given by the women worker.• Women worker should not be terminated.

Public Sector• 84 days-excluding weekends, other holidays & full

pay leave• 84 days leave on half pay public holidays,

Saturdays & Sundays should be treated.• 84 days no pay leave.• Still Birth – 6 weeks • Feeding interval – Allowed to leave office one hour

before the normal time of departure. (Only the child complete 6 months)

• Officer reaches 5 months of pregnancy should be allowed to leave office ½ before normal time.

MBO• 12 weeks• 6/7 of wages• Feeding-2 or 1

hour per day up to one year

S & OE Act• 84 working days• Full Remuneration• Not mentioned

feeding intervals

Public sector• 84 working days• 84 half pay • 84 no pay• Full Remuneration• 1hour for six months• ½ hour –pregnancy

Pearl WeerasingheAdditional Commissioner General of LabourDepartment of LabourTel : 011-2581970