Many private sector employees face a difficult moment on becoming pregnant. Should I tell my employer? How long is the leave? Can I be dismissed? And what about nursing hours after returning? Labour Law No. 6 of 2010 devotes a chapter to the employment of women containing particular protections for pregnant and nursing employees, but many are unaware of the limits of that protection and waive rights conferred on them. This article answers the practical questions most frequently raised.
Maternity Leave
This is the central right in this area:
- Paid period: an employee is entitled to maternity leave on full pay of seventy days, ordinarily beginning from the date of delivery, and it is not deducted from her annual leave balance.
- Additional leave: after maternity leave ends, an employee may take unpaid leave of up to four months to care for her child, with the employer's agreement under the governing provisions.
- No deduction: maternity leave is entirely separate from annual and sick leave and may not be deducted from either.
- Full pay: the wage is paid in full with its components rather than the basic alone.
- Complications: where health complications prevent return after the leave ends, the sick leave provisions apply on production of an approved medical report.
- Counted as service: maternity leave counts towards service for gratuity and seniority purposes.
Nursing Hours
A right frequently overlooked on return to work:
- Entitlement: on returning, an employee is entitled to a period or periods for nursing during the working day, counted as working time and not deducted from her pay.
- Duration: two hours daily under the governing provisions, for a period extending to two years from the date of delivery.
- Arrangement: the timing is left to agreement to suit the needs of the work and the employee, and she may not be deprived of it on grounds of workload.
- Childcare: some provisions require establishments employing a defined number of women to provide childcare arrangements, and the rules in force should be reviewed.
- No waiver: an employee's waiver of nursing hours for payment carries no effect, as the protection also exists for the child's benefit.
Protection from Dismissal
This is the greatest concern of a pregnant employee:
- Dismissal for pregnancy prohibited: an employee may not be dismissed or given notice of dismissal by reason of pregnancy or childbirth or during maternity leave, and dismissal on that ground is unlawful.
- Dismissal for another reason: the protection is not absolute immunity, and dismissal for a legitimate reason unconnected with pregnancy is permitted, though the burden of establishing the legitimacy of the reason weighs heavily on the employer at this time.
- Constructive dismissal: reducing pay, transferring to a distant site, or emptying the role of content after pregnancy is announced may be characterised as disguised arbitrary dismissal.
- Compensation: where dismissal is shown to have been by reason of pregnancy, the employee is entitled to compensation for unlawful dismissal in addition to her full entitlements.
- Non-renewal of a fixed term: where non-renewal coincides with the announcement of pregnancy and renewal was customary, whether the decision was connected to the pregnancy may be examined.
Prohibited Work and Hours
Additional protection connected to the nature of the work rather than pregnancy alone:
- Hazardous work: employing women in hazardous, arduous, or health-damaging work is prohibited as defined by the governing decisions.
- Night work: subject to controls, with exceptions in defined sectors such as healthcare under the applicable provisions.
- Work offending public decency: employing women in such work is prohibited.
- Transferring a pregnant employee: transfer to lighter duties is advisable where her work poses a risk to her or the pregnancy, without affecting her pay.
- Equal pay: a woman is entitled to the same wage as a man performing the same work, and discrimination in pay on grounds of sex is not permitted.
Frequently Asked Questions
- Must I notify my employer of the pregnancy? There is no early obligation, but notification with a medical report is necessary to benefit from the protection and to arrange the leave.
- Does the protection cover fixed-term contracts? The protective provisions apply whatever the type of contract.
- What if I cannot return when maternity leave ends? Unpaid leave or sick leave on a medical report may be used, and absence without basis may be treated as abandonment.
- Does unpaid leave count as service? This depends on the governing provisions and the agreement and should be clarified in writing before the leave begins.
- May my service be terminated during the leave? Dismissal during maternity leave is prohibited, and any step at that time is subject to close scrutiny.
Practical Guidance
- Notify your employer with a formal medical report and retain a copy acknowledged as received.
- Request written confirmation of the start and end dates of the leave and its type.
- Do not sign a resignation or waiver during pregnancy or leave under any pressure.
- Document any change in your employment position after announcing the pregnancy, as it may serve as evidence later.
- Request that nursing hours be arranged in writing on your return rather than by oral agreement.
- Employers should regulate these rights in the internal rules, as clarity protects the business from costly claims.
Protecting pregnant and nursing employees is not a concession but an established right serving family and business alike, and clear procedures prevent misunderstanding on both sides. Yamnak Law Firm advises on employees' rights and drafts internal regulations, and represents employees in claims for dismissal by reason of pregnancy and for entitlements.
