Maternity

and paternity

at work

Law and practice across the world

INTERNATIONAL LABOUR OFFICE • GENEVA

ix xi xiii

Preface Acknowfedgements Executive summary

l Introduction

Maternity leave

2.1 Duration of maternity leave National conformity with ILO Standards on duration of maternity leave Trends between 1994 and 2013 in the duration of maternity leave When can maternity leave be taken? Extension or reduction of the maternity leave period

2.2 Maternity cash benefits

Methods of calculating cash benefits National conformity with Convention No. 183 on duration of maternity leave and cash benefits

2.3 Financing of maternity cash benefits Financing mechanisms around the world

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

2.4 Scope and eligibility requirements Estimates of coverage in law and in practice of paid maternity leave Workers excluded from paid maternity leave provisions Eligibility requirements for maternity leave Eligibility requirements for maternity cash benefits Social assistance cash benefits to women who do not qualify for social insurance benefits

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

51

Paternity, parental and adoption leave

3.1 Paternity leave National provisions and duration Eligibility for paternity leave

Trends from 1994 to 2013 in paternity leave Provision

3.2 Parental leave National provisions and duration Eligibility for parental leave

Flexible leave arrangements and other innovative policies

3.3 Adoption leave

Employment protection and non-discrimination

4.1 Employment protection during maternity Protection against dismissal in national laws Length of protection against dismissal in national laws Permissible grounds for dismissal

Cnmpencation and othor lemodiL-b in casbof disnussjl Guaranteed right to return to work Maintaining employment benefits

4.2 Non-discrimination in employment in relation to maternity Legal prohibition against discrimination in relation to maternity Prohibitions against pregnancy tests Monitoring and Implementation

89

Health protection at the workplace

5.1 Arrangement of working time

Time off for medical examinations

5.2 Dangeroiis or unhealthy work Workplace risk assessment Protective measures related to maternity

Law and practica across the worid Maternity and paternity at work v

101

Breastfeeding arrangements at work and childcare

Provision and remuneration Trends in nursing breaks Provision from 1994 to 2013 Number and duration of nursing breaks Duration of the entitlement to nursing breaks Scope Daily reduttiü'i ol wi'rkinpJmur-.

6.2 Nursing and childcare facilities

115

Condusions

7.1 What works for maternity and paternity at work

121

Bibliography 129

Appendices I. Methodological notes and summary of Information

available in the ILO Working Conditions Laws Database, by region 130

II. Key national statutory provisions on maternity leave, by region, 2013 133

III. Estimates of coverage in law and coverage in practice of paid maternity leave, by region, 2010 144

IV. Key national statutory provisions on paternity and parental leave, by region, 1994 and 2013 150

V. Key national statutory provisions on employment protection and non-discrimination, by region, 2013 167

VI. Key national statutory provisions on health protection at the workplace, by region, 2013 175

VII. Key national statutory provisions on breastfeeding arrangements at work, by region, 1994 and 2013 182