90 Days Maternity Leave

Published: 2021-07-08 19:30:05
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1. 0 INTRODUCTION Nowadays, women play a very important role in family and national development and they account half of the world populations. The number of women active in the workforce is increasing rapidly. Women choose to out for work or have to return to work (either full or part time) after their babies are born. Due to the high cost of living, it requires both partners to work and this reflects changing in demographic patterns.
The nuclear family with a wife at home is a reality for only a small proportion of the population and, for better or worse, a diminishing one. The role of women in society is radically changing in Malaysia. Therefore, the Government should recognize the role of women in the nation’s development. Economic pressures, the women’s movement, and the psychological demands to develop one’s identity are encouraging women to take a more active role outside the home, to pursue full-time careers or education and to participate more widely in society generally.
At this moment, employers find that they employ large numbers of women and are dependent on their skills, thus liberal maternity leave provisions can help with long-term recruitment and retention. It enables employers to attract qualified women and be a very useful and cost-effective policy in areas of professional skill shortage. As spoken by Prime Minister Datuk Seri Mohd Najib Tun Abdul Razak in his speech for 2011 Budget, The Government is concerned with the career prospects and welfare of female civil servants as they need to take care of their families, particularly newborn babies.
To improve the maternity leave facility for female civil servants, the Government will allow flexibility to self-determine fully-paid maternity leave, not exceeding 90 days from the current 60 days. This facility is subject to a total of 300 days of maternity leave throughout the tenure of service. Initiative to increase the existing paid maternity leave from 60 days to 90 days has become an issue in Malaysia and has received momentous attention lately by workers’ and employers’ representatives as well as the Government. 2. DEFINITION OF MATERNITY LEAVE The definition of Maternity is the act of becoming a mother and leave is to go out of or away from or can be describe as permission to be away from work. Maternity leave can be defined as a leave of absence from a job for a mother to care of a baby. While, HR dictionary define maternity leave as a period when a woman is away from work to have a baby but is often still paid. 3. 0 SCENARIO IN MALAYSIA Every single country in developed world has its own regulation for maternity leave as well as Malaysia.
When it comes to maternity leave, Malaysia is one of the few countries which are still at the bottom rung and it keep on continuing with no end in sight. In Malaysia, maternity leave is covered under Employment Act 1955. Although, most of the ASEAN countries such as Thailand, Cambodia, Indonesia, and Philippines provide 90 days paid maternity leaves, Malaysia is not in line with those countries because the current maternity leaves provided is 60 days.
Besides that, it also do not match with the standard of International Labour Organisation (ILO) Covention 183 on Maternity Protection. Meanwhile, in Malaysia the 90 days maternity leaves implemented by our Government had been applied to women employees who work as a civil servant. It had been done by several states. For instance, women civil servants in Selangor and Kelantan will get 90 days maternity leave, compared with the present 60 days. So, women who work as a civil servant are very lucky compared to those women employees who work in the private sector.
In fact, National Union of Bank Employees (NUBE) had compiled the supporting signatures of “90 Days for Mums” Online Petition and submit it together with a Memorandum to the Honourable Prime Minister of Malaysia and a copy to the 221 Members of Parliament as the voice of 1Malaysian citizen urging for the amendments to increase the existing paid maternity leave from 60 to 90 days. This campaign was launched on 8th March 2010 and this collection of signatures in support of this petition has ended on 6th June 2010. As a result from its aggressive effort, the Union managed to collect a total of 500,000 signatures.
From 500,000 signatures only about 70,000 of those who signed were bank employees, the remaining balances came from members of public. In that case the banks finally granted them with 90 days’ maternity leave under its new Collective Agreement . Even NUBE satisfied once the bank agreed into it, they still continue campaign to achieve the actual target to reach one million signatures. They made a promise to get the Employment Act amended. While in private sectors, most of the Human Resource (HR) Managers snub 90 days maternity plans. An article rom Malaysian Insider stated that in its recent email interview with Thressa Ho, a HR manager in a 1,400-strong manufacturing company opined that Longer maternity leave definitely creates a lot of inconveniences in the business operation “The effect will be greater if the female employee is holding a higher and (more) important position in the organization. ”Ho cited inconveniences such as finding internal or external relief, training cost for the relief, and an additional workload to the internal relief employee’s existing workload, which will hamper overall productivity.
In addition, Mohamed Ibrahim, senior HR manager of a property development company, in his phone interview with Malaysian Insider said the firm’s bottom-line would be affected if an extra 30 days of maternity leave were to be given. “It will not be healthy for the business environment” Everyone has their own thoughts and opinion on this issue and we should analyze how it affects to organization and future workforce if 90 days maternity leave is implemented in Malaysia.
Besides that, by referring to Table 1: Maternity Leave Around The World, we can summarize that ASEAN countries like Singapore provided 112 days (16 weeks) maternity leave, while Thailand provided 90 days maternity leave as well as Cambodia and Indonesia. It such like a bit of a shock that even countries like Afghanistan and Kenya also give working mothers 90 days fully paid maternity leave. If there is such problems on implementing 90 days maternity leave, we should analyze and studied the problems before we come out with such solution. 4. 0 LEGISLATION ON MATERNITY PROTECTION 4. 1 EMPLOYMENT ACT 1955
Pregnant employee in Malaysia are protected by Employment Act 1955. Under section37. (1) (a) stated that “Every female employee shall be entitled to maternity leave for a period of not less than sixty consecutive days (also referred to in this Part as the eligible period) in respect of each confinement and, subject to this Part, she shall be entitled to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period”. Noted the word “ Every female employee” means that it does not matter whether the female employee is married or not.
Besides that under this act, it stated that “notwithstanding a female employee shall not be entitled to any maternity allowance if at the time of her confinement she has five or more surviving children”. She is of course entitles to maternity leave. Furthermore, under Section 37 Employee Act 1955, also stated for the purposes of this Part, “children” mean all natural children, irrespective of age. In the language of the civil law, natural are distinguished from adoptive children, that is, they are the children of the parents spoken of, by natural procreation. Adopted children are not included here.
There is also no maternity entitlement for a woman after her fifth child, and no flexibility in the event of illness or complications. Section 37 (2) stated that: * (a) a female employee shall be entitled to receive maternity allowance for the eligible period from her employer if– (i) she has been employed by the employer at any time in the four months immediately before her confinement; and (ii) she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement. Confinement” means parturition resulting after at least twenty-eight weeks of pregnancy in the issue of a child or children, whether alive or dead, and shall for the purposes of this Act commence and end on the actual day of birth and where two or more children are born at one confinement shall commence and end on the day of the birth of the last born of such children, and the word ‘confined’ shall be construed accordingly. The above definition means the pregnancy must be at least twenty-eight (28) weeks old when the child (or children) is born.
It does not matter whether the child is born alive or dead. Let say, in Situation No. 1, a pregnant woman gives birth after working for an employer for two months, is she entitled to maternity allowance? No, she is not. Although she fulfills condition (i) and not condition (ii) as she has worked for only two month, the law says it must be at least 90 days. While in Situation No. 2: A long time female employee resigns on 1st January and gives birth on 1st May, is she entitled to maternity allowance? No, she is not.
Although she fulfils condition (ii) but she fails to fulfil condition (i) because during the 4 months immediately preceding her confinement she was already not in employment. If she gave birth on 30th April then she would be entitled to maternity allowance * (b) A female employee who is eligible for maternity allowance under subsection (1)(a) shall be entitled to receive from the employer for each day of the eligible period a maternity allowance at her ordinary rate of pay for one day, or at the rate prescribed by the Minister under section 102 (2)(c), whichever is the greater. (c) A female employee employed on a monthly rate of pay shall be deemed to have received her maternity allowance if she continues to receive her monthly wages during her abstention from work during the eligible period without abatement in respect of the abstention. * (d) Where a female employee claims maternity allowance under this section from more than one employer, she shall not be entitled to receive a maternity allowance of an amount exceeding in the aggregate the amount which she would be entitled to receive if her claim was made against one employer only . 2 INTERNATIONAL LABOUR ORGANISATION (ILO) COVENTION 183 ON MATERNITY PROTECTION In June 2000 the International Labour Organization (ILO) adopted a new Maternity Protection Convention and Recommendation (Convention No. 183 and Recommendation No. 191). Using this new international labour standard as our starting point, trade unions around the world are campaigning to make maternity protection a reality for all working women.
The International Labour Organisation (ILO) Maternity Protection Convention states that maternity leave should be at least 12 weeks (with 14 weeks being recommended) and most of its 183 member countries already comply with the minimum standard. Maternity Leave (Article 4) “On production of a medical certificate or other appropriate certification, as determined by national law and practice, stating the presumed date of childbirth, a woman to whom this Convention applies shall be entitled to a period of maternity leave of not less than 14 weeks. This is intended to protect the woman from being pressured to return to work, which could be detrimental to her health and that of her child. This principle constitutes a fundamental component of the protection afforded by the ILO standards. With the adoption of Convention No. 183, some flexibility was introduced concerning the provision of compulsory leave. This instrument opens up the possibility for agreements to be made at the national level on the arrangement of compulsory leave. Remember: ILO Convention No. 183 sets out the internationally recognized minimum standards. ILO No. 183 protected all arried and unmarried employed women including those in atypical forms of dependent work. Besides that it also provide cash benefits such as two thirds of the woman’s previous earnings OR Equivalent payment, on average, if an alternative calculation method is used. Women who do not meet qualifying condition will get benefits from social assistance. The benefits are from social insurance or public funds or determined by national law and practice. Besides that, Developing countries can provide cash benefits at the same rate as for sickness or temporary disability but must report to ILO on steps taken to reach standards.
Other than cash benefits, they also entitles Medical benefits for Prenatal, childbirth and postnatal care and hospitalization Care. In term of Health Protection, Pregnant and nursing women shall not be obliged to perform work that is assessed as detrimental to the mother or child. It also provide protection such as Breaks for breastfeeding where the women employee has the right to one or more daily breaks for breastfeeding/lactation or right to daily reduction in daily working hours for breastfeeding and entitled breaks or reduction in hours counted as working time and therefore paid. 4. COMPARISON BETWEEN EMPLOYMENT ACT 1955 & ILO CONVENTION NO. 183 ON MATERNITY PROTECTION The table below simply compares seven key issue areas between Malaysian Employment Act and ILO Convention No 183 Table 2: Employment Act 1955 vs ILO Convention No 183 Protection| Convention 183| Employment Act 1955| 1. Scope (Who is Protected? )| ? All married and unmarried employed women including those in atypical forms of work | All workers employed longer than 90 days, EXCEPT domestic workers and manual labourers. | 2. Amount of Leave| ? Not less than 14 weeks (remember: ILO Recommendation 191 calls for 18 weeks) ?
Provision for 6 weeks compulsory postnatal leave | 60 daysLimits/ Conditions Applies for up to 5 births. Women who miscarry after 28 weeks or have still births are also covered. | 3. Cash Benefits| ? Two thirds of a woman’s previous earnings OR Equivalent payment ? Benefits to be provided from social insurance or public funds or determined by national law and practice | Full (for those employed longer than 90 days). Who Pays? Employer| 4. Medical Benefits| ? Prenatal, childbirth and postnatal care and hospitalisation care when necessary | There is no legislated equirement in Thailand, Cambodia, Malaysia, Philippines or Indonesia to provide medical benefits such as pre-natal, childbirth or post-natal care, or hospitalisation care. | 5. Health Protection| ? Pregnant and nursing women shall not be obliged to perform work that is assessed as detrimental to the mother or child | Women workers in general cannot be required to work between 10:00pm and 5:00am without a dispensation from the Director-General. But no specific protections for pregnant employees or new mothers. | 6. Employment Protection and Discrimination| ?
Unlawful for employer to dismiss a woman during pregnancy, whilst on maternity leave or nursing, unless the reasons are unrelated to pregnancy or nursing, and the burden of proof rests with the employer ? Guaranteed right to return to the same position or an equivalent position with equal pay ? Protection against discrimination in employment (eg hiring policies) on grounds of maternity ? Prohibition of pregnancy testing at recruitment | No female employee may be dismissed from her employment whilst she is on maternity leave. | 7. Breaks For Breastfeeding/Childcare| ? Right to one or more daily breaks for breastfeeding/lactation ?
Right to daily reduction of daily working hours for breastfeeding ? Breaks or reduction in hours counted as working time and therefore paid. | -| Source: http://www. asianfoodworker. net/maternity/mp-law-seasia. htm 5. 0 THE IMPACT OF ITS IMPLEMENTATION TO ORGANIZATION AND FUTURE WORKFORCE There are indeed many pros and cons about impacts of implementing 90 days maternity leaves especially to the Private sector organization. However, for female civil servant ,this would be very clear about Government will allow flexibility fully-paid maternity leave, not exceeding 90 days from the existing 60 days.
This facility is subject to a total of 300 days of maternity leave throughout the tenure of service. In my view, there are several advantages that can be obtained by implementing 90 days maternity leaves in Malaysia such as: 1) Encourage To Achieve 70 Millions Population As Per 4th Malaysia Plan Our former Prime Minister Tun Dr. Mahathir Mohamad had recommended achieving population goal of 70 million. He believes that Malaysia will be more successful with a population of 70 million. This recommendation was ubsequently discussed and presented once again by his speech current study presents the Fourth Malaysia Plan Mid Term 29. March 1984. The aim of this population is expected to be achieved within 115 to 120 years. The rationale for the population of 70 million goal is to provide a basis demand and markets for local industries. This will create conditions competition in the market and will further increase the capacity and quality of production for exports. Growth is regarded as a major capital for economic development and a social state, in addition, it also can increase economic productivity.
Data World bank stated that in 2009, Malaysia has a total population of 27, 467, 837 people and it shows that Malaysia’s population is still small if compared with other countries. The tables below is adapted from 4th Malaysian Plan: Population growth path towards achieving its 70 million population. Table 3: Total Fertility Rate And Population Growth YEAR| TOTAL FERTILITY RATE (TFR)| POPULATION GROWTH (million)| 1990| 3. 6| 17. 6| 2000| 3. 5| 22. 3| 2010| 3. 3| 27. 7| 2020| 3. 1| 33. 6| 2030| 2. 9| 39. 8| 2040| 2. 7| 46. 0| 2050| 2. 5| 51. 9| 2060| 2. 3| 57. | 2070| 2. 05| 62. 1| 2080| 2. 05| 65. 8| 2090| 2. 05| 68. 7| 2100| 2. 05| 70. 8| Source: http://www. pmo. gov. my There are some alternatives that have been analyzed to achieve this goal. * Firstly, If TFR (total fertility rate) of 4 decrease of 0. 1 points every 5 years until it reached the replacement level, this goal will be achieved within the year 2100 (ie within the past 115 years) and population will stabilize at or within 73 million. * Secondly, If the TFR is now of 4 can be maintained, this goal will be achieved in environment in 2045 (ie 70 years). Thirdly, If the TFR is now decrease to 3 and then maintained at this level, this objective will be achieved within 2085 (ie in 100 years). * Fourthly, If the TFR is increased to 5 and maintained at this level, the goal population will be reached in the environment in 2031 (in 50 years). * Fifthly, the most rapid period of one goal will be achieved is in the year 2010, (or in 30 years) had TFR increased to 10 and then maintained at current levels. * Lastly, the longest period of time to reach 70 million is to allow the flow to decrease and increase by rotation until it reaches the level of reimbursement.
This will be achieved within the year 2125 in 135-140 years and population will stabilize at 73 million. But, as we know total fertility rate in Malaysia is 2. 7 children born/ woman in year 2010, so it is impossible for us to achieve this goal in year 2010. YEAR| TOTAL FERTILITY RATE| RANK| PERCENTAGE CHANGE| DATE OF INFORMATION| 2003| 3. 13| 84| | 2003 est. | 2004| 3. 07| 79| -1. 92 %| 2004 est. | 2005| 3. 07| 80| 0. 00 %| 2005 est. | 2006| 3. 04| 80| -0. 98 %| 2006 est. | 2007| 3. 01| 80| -0. 99 %| 2007 est. | 2008| 2. 98| 77| -1. 00 %| 2008 est. | 2009| 2. 95| 74| -1. 01 %| 2009 est. | 2010| 2. 7| 78| -8. 47 %| 2010 est. Table below shows the total fertility rate in Malaysia from year 2003 until 2010. Table 4: Total Fertility Rate In Malaysia From Year 2003 Until 2010 Source: CIA World Factbook – Unless otherwise noted, information in this page is accurate as of December 30, 2010 The table above gives a figure for the average number of children that would be born per woman if all women lived to the end of their childbearing years and bore children according to a given fertility rate at each age. The total fertility rate (TFR) is a more direct measure of the level of fertility than the crude birth rate, since it refers to births per woman.
This indicator shows the potential for population change in the country. So, in order to sustain the country’s population, women nowadays need to have more kids. By providing 90 days maternity leave, it will encourage career women to build or increase the size of their family. It is important to scrutiny women as not just workers but also persons who contribute to the country by giving birth and we talk about our future generation. It is about long term investment for our country. Employer should not only think about company’s profit margin. They also should consider their social and moral responsibility.
By providing more maternity leave is one of the way how anyone who is in the position of an employer can show concern for his or her employees. 2) As A Strategy To Retain Worker How 90 days maternity leave can become as a strategy to retain worker? Logically, most of women employees quit from their jobs after delivered their baby due to the family commitment. The issue of women having to quit work because of commitments to their children, family and their home is a long-standing one. We know there had been attempts to find solutions to this problem so that women need not leave the workforce because of family commitments.
As an employer, if you do not find ways to retain a valuable workforce, then you will lose it. And you should blame no one but yourself. Malaysian women in employment stand at 5. 1 million in the total Malaysian workforce of 11. 29 million (2009) and a workforce without sufficient maternity leave, are forced to stop work altogether or find it hard to return to work. The social, psychological and medical cost of having women back at work before full physical recovery or connecting with their newborns is immeasurable, and should never be tolerated in a country like Malaysia.
Extended maternity leave would give mothers a reasonably sufficient time to bond with and breastfeed their babies without the added financial worries. It will be good for business and the economy because it will help keep skilled, experienced female staff attached to the workforce. By providing 90 days maternity would be a cost effective means to retain worker and encourage women to stay employed. Every organization should become as a women-friendly organization. Women may face subtle roadblocks preventing advancement or may be forced to put their careers on hold while their hildren are young because of the difficulty of juggling a demanding professional life and parenthood. Whatever the cause, the result often is higher turnover as women look elsewhere for better opportunities or more flexible schedules. Firm should make a formal effort to deal with management issues relating to female staff such as alternative career paths and childcare. The lack of such programs clearly affects female staff members. Firm should conduct staff needs assessment and asked what would make easier for their female employees to continue work with them. ) To Synchronize The Maternity Leave Between The Public And Private Sectors The main reason to synchronize the maternity leave between the public and private sector is we do not want the private sector to be left behind. As we know, the government extended the maternity leave to 90 days in October 2010 and most of the employer in the public sector had implemented this policy. As spoken by Datuk Seri Shahrizat Abdul Jalil Women, Family and Community Development Minister ,the ministry was in the midst of formulating a cabinet paper to extend maternity leaves from current 60 days to 90 days.
The time has come for the government to consider introducing legislation that will require the private sector to offer a minimum 90-day maternity leave. “She said the proposal to extend the leave in private companies was prompted by feedback from individuals and various groups, as well as to streamline it with the public sector. By doing this way, employee from private and public sector will be treated fairly and entitle the same benefits. Thus, it will stop the argument between public and private sector employees. ) To Boost The Number Of Women Sitting On The Board Of Directors Of Public Listed Companies, Including Government-Linked Companies As a developing country, we want to see more women represented in the boardroom and at the moment the ministry is also looking at increasing the representation of women at the top level of management. The proportion of women reaching top positions is still very low in most countries, though it has been increasing in for instance the US and in some European countries. New research from Grant Thornton International reveals that women still hold less than a quarter of senior management positions in privately held usinesses globally. 24% of senior management positions are currently held by women – a figure identical to 2007 and only a marginal improvement from 2004 when only 19% of senior level positions were held by women. 34% of privately held businesses globally have no women in senior management. The greatest percentage of women in senior management is in the Philippines where women hold 47% of senior positions (see chart 1). They are followed by Russia (42%) and Thailand (38%). The lowest percentage continues to be in Japan where only 7% of senior management positions are held by women.
Also appearing low down the league table are Denmark (13%) and Belgium (12%). Moreover, according to the Grant Thornton International Business Review 2009, women account for only 6. 1 per cent of corporate directors and 7 per cent of chief executive officers in the largest 100 companies on Bursa Malaysia in 2008. In government-linked companies, female board representation hovered between 11 and 14 per cent from 2005 to 2009. Many men in top management positions recognize they’re in danger of losing talented women but don’t know what to do about it.
Will firms be able to hold on to women top talent in the future? 90 days maternity leave will stop women from quitting their job especially those who are in top level management. Most female employees select flexible work arrangements to balance work and family responsibilities. Firms, who may be concerned about losing female professionals, have created programs for retaining them. The employers should support their employees having or starting a family. 5) To Have More Time To Care For Their Babies And Families During The Confinement Period and Encourage Breastfeeding.
Based on the article from The Star, State Women, Family and Health Committee chairman Wan Ubaidah Wan Omar said the new regulation would enable women employees to have more time to care for their babies and families during the confinement period. The process of entry into work after childbirth varies from mother to mother. Consequently, mothers who are preparing to return to work will face another emotional and mental trauma. Mother’s life will change drastically after the birth. In fact the value of the mother’s home time is high and the value of her work time low.
The concern for the child’s care, love, affection, nourishment etc absorbs the mother’s thoughts rendering her incapable of making decisions up to her fullest capacity. For instance, they might have to leave the child at day care centre. Her thoughts are not just of the child but also the cost that accompanies the care. Even if a new mother could find someone to care for her newborn, the cost of such care would be very high. Thus, after having a baby the value of a mother’s home time is greater than her market wage, so she decided to remain at home.
As we know, one of the goals of organization providing maternity leave is to help new parents balance the demands of work and family. An extra 30 days would go a long way towards prolonging breastfeeding which is very vital in the baby’s first 6 months, and it will encourage mothers to nurse their babies. All these would be affected if mothers have to return work early. Government and employers should not turn a blind eye to this issue because we already know that doctors and UNICEF recommended mothers to breastfeed their babies for the first 6 months exclusively.
In fact, they acknowledge this through flyers, brochures and any reading materials given to moms in the hospital. If compared to Malaysia, some Southeast Asian countries even provide breastfeeding and child care protection. For example a mother in Singapore gets up to 12 months leave to breastfeed and care for her newborn. In Cambodia, companies are obliged to grant a new mother a 30-minute break twice daily to breastfeed her child. Those with more than 100 women workers have to provide nursing rooms and day care centers, with the cost of childcare borne by the company.
Indonesian employers meanwhile are required to provide a suitable place for breastfeeding mothers to nurse their children during work hours. The newborn babies should get optimal breastfeeding to ensure that they can get optimal health and nutrition. 6) For faster recovery process Having a baby is an important event in a woman’s life. Nevertheless, do you know that every day, 1500 women die from pregnancy- or childbirth-related complications? In 2005, there were an estimated 536 000 maternal deaths worldwide.
Most of these deaths occurred in developing countries, and most were avoidable. A total of 99% of all maternal deaths occur in developing countries, where 85% of the population lives. The maternal mortality ratio in developing countries is 450 maternal deaths per 100 000 live births versus 9 in developed countries. Because women in developing countries have many pregnancies on average, their lifetime risk more accurately reflects the overall burden of these women. A woman’s lifetime risk of maternal death is 1 in 7300 in developed countries versus 1 in 75 in developing countries.
Besides that, we normally tend to assume that motherhood is joyful and rewarding, and that it will be easy enough to fine-tune to the arrival of a new baby. The newborn baby will bring changes to the mother’s life. Childbirth can be an intense event and strong emotions, both positive and negative, can be brought to the surface. Many mothers find they become tearful and downhearted, fearful, or tense and angry, and don’t know what to do about it. Although the baby was planned, and the pregnancy and birth went well, some of the mothers will encounter with post natal depression.
Postnatal depression is a form of clinical depression which can affect women, and less frequently men, after childbirth. It occurs in women after they have carried a child, usually in the first few months, and may last up to several months or even a year. Symptoms include sadness, fatigue, changes in sleeping and eating patterns, reduced libido, crying episodes, anxiety, and irritability. Between 10 and 20% of women of all ages and backgrounds whether she is first-time mothers or those with other children can be affected.
Women with this medical disorder are either not ready to work or feel they cannot return to work yet. The problems usually start within a few weeks or months of giving birth. Over 50% of mothers develop the disorder within the first 3 months. As a result, they need longer maternity leave to ensure that they have enough rest, mental and physical health especially for the postpartum women. The present 60 days maternity leave should be reformed, because it affects the time that a mom can be home with her newborn tends to be quite limited.
Besides that, the whole point of longer maternity leave is so that mothers who have a health issue won’t lose their jobs while they attend to the problem. On the other hand, the consequences of implementing 90 days maternity leave are as follows: 1) Work is redistributed When an employee plans on taking maternity leave, employer has to plan for her absence. In this case, your manager will be concerned about how your responsibilities will be handled whilst you are away and if you are planning on returning. That can include reassigning the employee to a less “mission-critical” job or temporarily removing responsibilities.
In the months and weeks of her absence, her job duties and responsibilities were split among co-workers. Before work is redistributed, a colleague needed to be well trained. Transferring job duties to prepare co-workers to fill in is like to a temporary reassignment. This can be great for junior staff that is given new opportunities and responsibilities. But in the other side, it can also be a nightmare for those who are already overworked, and may have their own families. When work is redistributed, it will affect their current job as it increase workloads.
They do not have enough time to do all work in one time and this will cause a lot of work delayed. Furthermore, employer should bear in mind that not every task can be replaced by temp staff without proper training or handover. Before handover the tasks to another employee, the skills of that employee should be evaluated. For example, women who are in higher position which job require them to build networking with both key stakeholders and even contacts outside the company should keep in contact with their manager and stakeholders during their leave.
Additionally, without staying in touch they will run the risk of “being out of sight, out of mind” and could potentially miss being considered for opportunities in the future. Hence, in this case longer maternity leave will affect their job performance. 2) Creating a sense of unfair among employees Employees can have many reasons why they feel or perceive they are being treated unfairly when they are required by managers to replace his or her colleague who on maternity leave. Individuals may feel they are being assigned more tasks or assignments than other employees.
Normally, it happens especially to those employees who may never have children. Those without kids may ask why they can’t take a leave to take care of an elderly or sick parent or address some other major life event. They might think that extended maternity leave is like a special perk given to those pregnant employees only. Unfair treatment will cause employees to leave. When employee experience real or perceived injustice, it will cause major stress that can lead to damaged psychological health and extreme emotional exhaustion.
As a result, it can directly impact the employee’s ability to cope with work and negatively affect productivity. Thus, all individuals in any organization should be treated with similar level of respect and integrity. If this happened among co-workers in organization, manager needs to pay close attention because unfair treatment at work can destroy morale. 3) It affects business continuity and knowledge transition. Business continuity is the activity performed by an organization to ensure that critical business functions will be available to customers, suppliers, regulators, and other entities that must have access to those functions.
These activities include many daily chores such as project management, system backups, change control, and help desk. Longer maternity leave up to 90 days will cause a firm losing a good employee and it directly affect or damage daily operations. The employer of course will ensure that they will have a good plan to restructure their employees to limit the pandemonium. For example, employer might be able to shift a key staffer from full- to- part time work. Indirectly it may lead to frustrating knowledge gaps. It takes time to train people especially when the jobs require specialist to carry out specialist tasks.
The Business Continuity Plan will include business processes that are most vital to keep our company running guarantee us to get ready for the worst situation that would keep the company from being operational. Mother who will be on long maternity leave should start developing a plan to reassign her responsibilities. She should make a list of day to day tasks or any long term engagements and discuss with supervisor on which co-worker will absorbs what tasks. Besides that well-informed the supervisor and co-worker on projects or tasks that can be put on hold until you come back from maternity leave.
Share your knowledge with the respective co-workers once the supervisor figures out who will be taking over your responsibilities. By doing that, knowledge gap can be reduced because they will had a pretty good sense and clear picture of what was going on and what needed to be done. In addition if manager or supervisor fails to reassign tasks to the correct person, it will cause low productivity and some works cannot be completed on time. 4) Increase Overheads Most companies try to keep labor costs low to remain competitive.
Let says, even if maternity leave is unpaid, it is not “free” to your company nonetheless. It still costs money to hire replacements and pay overtime to colleagues who have to step in and support. In case of company is lack of staff, the employer should hire temporary worker in order to replaced the employee who is on maternity leave. Can you imagine how much it cost if the maternity leave is extended up to 90 days? While the employee is on maternity leave, the employer either has to get extra help (which increases overheads) or delegate the absentee’s duties (which increase workloads).
Malaysian Employers Federation (MEF) executive director Shamsuddin Bardan said: “MEF is looking at this from a business cost angle. “The 60-day maternity leave is already borne by the employer and the current cost borne by the employer is estimated to be RM2. 4 billion. An additional 30 days would add another RM1. 2 billion to our costs. In addition, he said that not all companies are making money and employers cannot absorb the cost from the additional 30 days’ leave, He claims the additional leave will cost employers RM1. 1bil and they cannot afford it.
He says there are 470,900 births a year (based on 2008 statistics) and since 46% of the workforce are women, this would mean approximately 216,614 working mothers giving birth each year. If the wage of the mother is RM2,065 a month (which is the average in the manufacturing sector), that would be RM68 daily. Employers would have to pay another employee overtime (at an overtime rate of 1. 5 times) to cover the work of the person who has gone on maternity leave. With 216,614 births, the total overtime payment is astronomical — RM1. 9bil to cover 90 days’ maternity leave.
And they are already losing RM1. 3bil from the fact that the new mothers are not working but still getting paid (RM2,065 salary x 3 months x 216,614 mothers). Shamsuddin also points out that in many countries, it is not the employer who absorbs the total cost of the maternity leave; they have social security or a social insurance system in place that bears the cost. He says that perhaps in Malaysia, the employer and employee could make a small monthly contribution for social insurance (something like Socso) and this could be used to cover maternity leave.
Long maternity leave will impact the affected companies’ productivity in the long run, especially if their staff comprises of a large number of women employees. Increasing the 60 days’ leave could make employers reluctant to hire or promote women for fear that they might get pregnant. 6. 0 RECOMMENDATIONS Based on the advantages that I have discussed above, I strongly agree that Malaysia should provide 90 days maternity leaves to female employees. Some recommendations below can be considered by employer in order to implement this scheme.
Firstly, my view regarding the issue that employers will lose productivity when women take extra 30 days maternity leave is employer must seen the productivity in the long term, not only short term. Yes, it is right that those employers lose productivity when workers take longer maternity leave. Compared to other leave such as illness, injury or disability leave, employer can plan ahead because maternity leave can be schedule ahead of time. Secondly, there are employers who have negative sight on pregnant women and will avoid hiring women if they have to cover extra costs for maternity benefits.
Actually, women are valuable employees who have much to contribute. Their work is essential in many workplaces. Maternity protection laws make it more possible for them to participate in the workplace. Supposedly, Malaysia employment act should be review and, the costs of childbearing which is bringing the future generation of workforce must be shared among employers, workers, and government. No sector should carry the whole burden. Where there are no maternity protection laws, or where maternity protection is inadequate, the women and the babies pay extra “costs” because they experience higher stress and sub-optimal health.
Maternity leave policy would result in more women entering the work force and remaining employed, because they do not have to exit employment to take time off from work. On the one hand, it could lead to more women on leave at any one point in time (and thus fewer actually working), since many women who were content, or at least resigned to taking little time off after childbirth may take longer leaves than they might have before. Thirdly, my recommendation is instead of longer maternity leave, I’ll prefer if companies having nursery in their offices for working mothers.
So when mothers are working they know their children are well taken care of and still in close propinquity. But only a handful of companies in Malaysia have that though. In addition, mothers can continue breastfeed child if employers provide freezers. They can express the milk at the work place, keep it in the freezers and give it to the baby when they return home. As advocates of women’s and children’s rights to optimal health and nutrition, employer should support and protect optimal breastfeeding practices and defend women’s rights to equality and non-discrimination both in society and in the workplace.
Sustained breastfeeding after the mother’s return to work helps keep her baby healthy, especially if the baby is cared for in a group setting. Nursing breaks can be scheduled. You can’t plan ahead for children’s illness. After taking a nursing break, a lactating mother returns to her assignment more comfortable, more confident, and ready to work more productively. As a result, it avoid employer from lose productivity when parents miss work to take care of sick children. Next, the costs of Maternity Protection must be shared among all workers, employers, and government.
An employer who provides better Maternity Protection benefits attracts better and more loyal workers and will thus have a competitive advantage compared to others. According to the United Nations Statistics Division, the United Kingdom (UK) allocates 52 weeks maternity leave where 92 per cent of its cost is refunded by public funds. While, In Thailand, 90 days maternity leave is up to 90 days where employers give 100 per cent wages for 45 days, and social insurance gives 50 per cent wages for the remaining 45 days.
In addition, Malaysia can imitate Singapore if it wants to extend maternity leave where the costs for the extra days are borne fully by the Government. For this purpose, it will help small firms to implement 90 days maternity leave too. Moreover, we can recommend to employer to allow women to work from home and not bound to the office desk, especially for those who are capable and their work can be done via the internet. A lot of time is wasted when more can be achieved if they have the freedom to move about. Other alternative is by providing a blackberry as a medium of communication among managers and other coworkers.
If we encourage this, we would meet the objective at minimal cost and still be able to enhance productivity. Its mean that even women are on maternity leave, she can still receive work update from her manager because blackberry giving her access to her email account at all time. Mark Blakeman, director of information management and technology at Mersey Care NHS Trust, said, “The BlackBerry has enabled our management team to work more effectively and efficiently. It has ensured that they keep working as a team even when they very rarely have the opportunity to meet up.
It is an easy solution to use so has become an integrated part of how we work ensuring fast accurate communication across the organisation helping us to be even more efficient and provide a high level of service. ” Based on the article above, it proven that blackberry enhanced workflow efficiency, business can be done quickly and as a result companies will gain competitive advantage from it. Tasks and projects can be completed because it allows us to interact with our colleagues and managers. But, most companies nowadays provide blackberry to executive and above level only.
Lastly, employer should be challenge to provide family-friendly solutions for working mother who need flexibility for child care. These solutions may include job sharing, flexible starting and stop times and flexible core business hours. 7. 0 CONCLUSION In short, 90 days maternity leave should be implemented by all employers whether from public or private sector which no choice. The employment act should be reformed to synchronize it with the International Labour Organization (ILO) Convention No. 183 On Maternity Protection as Malaysia has been a member of the ILO since 1957.
Extension in the current period of fully paid maternity leave would bring positive impact to a number of Malaysian families . So extending it to 90 days will benefit the millions of families who struggle financially when having a baby. As per discussion above, 90 days maternity leave will bring benefits to all working mothers because they can take care of their babies for the first 3 months and allow them to fully breastfeed. At the same time, it helps the moms physically recover from the birth. It also shows that longer maternity leave will increase the number of women in the workforce.
Women will continue to have primary responsibility for home and family matters, thus affecting work attendance negatively. More women are now heads of household and sole support of their families. They lead a battle against maternity leave issue and slowly began to have formal equality. Maternity protection for women workers contributes to the health and well-being of mothers and their babies, and thus to the achievement of 70 million population. In the same way, it can reduce the rate of child mortality and improvement of the health of mothers. As we all know, the amount of people born into a society has a profound impact on a population.
So, longer maternity leave will encourage women to have more children. Truly, large population will give positive impact to our economy by growing the productive labor pool, driving manufacturing and services through consumption and encourage potential individual to make unique contribution to the society. | | Top| BIBLIOGRAPHY * Transformation Towards A Developed And High-Income Nation Full text of PM’s Budget 2011 speech, News Straits Times, Dec 15th 2010 * Deborah Chow ,Longer Maternity Leave Not The Best Answer:,The Malay Mail, 10th Dec 2010 * Shahanaaz Habib ,The Big Push, The Star ,5th September 2010, The Star * Caroline L.
Davey and Marilyn J. Davidson Policies and Practices to Encourage Women Returners: A Case Study, Manchester School of Management, UMIST, Manchester, UK, 20 May 2010 * Australian Government, 2009, Paid Maternity Leave, Pay Equity and the Impact of the Global Financial Crisis on Equal Opportunity Programs in EOWA Reporting Organisations * Nina Smith, Valdemar Smith, Mette Verner, August 2005, Do Women in Top ManagementAffect Firm Performance? A Panel Study of 2500 Danish Firms * Sandra L.
Hofferth and Sally C. Curtin, 21-May-2003, The Impact of Parental Leave on Maternal Return to Work after Childbirth in the United States * International Labour Office, Maternity protection database available from the ILO Conditions of Work and Employment Programme’s website, http://www. ilo. org/public/english/protection/condtrav/database/index. htm (accessed December 2010) * Malaysia Employment Act 1955, Legal Research Board, 2001 * http://en. ikipedia. org. Accessed on 15 February 2011 * http://www. hrdictionary. com Accessed on 15 February 2010 * http://legal-dictionary. thefreedictionary. com Accessed on 15 February 2010 * http://www. pmo. gov. my Accessed on 16 February 2010 * http://www. worldpsi. org Accessed on 16 February 2010 * http://www. asianfoodworker. net Accessed on 16 February 2010 * http://www. ilo. org Accessed on 16 February 2010 * https://www. cia. ov CIA World Factbook Accessed on 16 February 2010 * http://www. who. int Accessed on 18 February 2010 * http://www. grantthorntonibos. com Accessed on 18 February 2010 APPENDIX Table 1 : Maternity Leave Around The World| Last Update: December 2010| Country or area| Length of maternity leave| Percentage of wages paid in covered period|  | Provider of benefit|  | Period| Note| %| Note|  |  | Afghanistan| 90| days|  | 100|  |  | Employer|
Albania| 365| calendar days|  | 80, 50| a|  | Social insurance system| Algeria| 14| weeks|  | 100|  |  | Social security| Andora| 16| weeks|  | 100|  |  | Social insurance system| Angola| 12| weeks|  | 100|  |  | Social security and Employer| Antigua and Barbuda| 13| weeks|  | 100, 60| b|  | Social insurance and Employer| Argentina| 90| days|  | 100| c|  | Family allowance funds (financed through state and employer contributions)| Armenia| 140| days|  | 100|  |  | Social insurance| Australia| 12| months| d| …| e|  | Social assistance system financed by the State| Austria| 16| weeks|  | 100|  |  | Statutory health insurance, family burden equalization fund, or employer| Azerbaijan| 126| calendar days|  | 100|  |  | Social insurance | Bahamas| 13| weeks|  | 100| f|  | National Insurance Board (2/3) and Employer (1/3)| Bahrain| 45| days|  | 100|  |  | Employer| Bangladesh| 16| weeks|  | 100|  |  | Employer|
Barbados| 12| weeks|  | 100|  |  | National insurance system| Belarus| 126| calendar days|  | 100|  |  | State social insurance| Belgium| 15| weeks|  | 82, 75| g|  | Social security| Belize| 14| weeks|  | 100|  |  | Social security or Employer (for women who are not entitled to receive benefits from social security)| Benin| 14| weeks|  | 100|  |  | Social security (1/2) and Employer (1/2)| Bermuda| 12| weeks|  | 100| h|  | Employer| Bolivia| 12| weeks|  | 70-100| i|  | Social insurance| Bosnia & Herzegovina| 1| year|  | 50-100| j|  | …| Botswana| 12| weeks|  | 25|  |  | Employer| Brazil| 120| days|  | 100|  |  | Social insurance| British Virgin Islands| 13| weeks|  | 67| k|  | Social security| Bulgaria| 135| days|  | 90|  |  | Public social insurance (the General Sickness and Maternity Fund)| Burkina Faso| 14| weeks|  | 100|  |  | Social security (if necessary, the employer adds up to the full wage)| Burundi| 12| weeks|  | 50|  |  | Employer| Cambodia| 90| days|  | 50|  |  | Employer|
Cameroon| 14| weeks|  | 100|  |  | National Social Insurance Fund| Canada| 17| weeks| l,m| 55| n,o|  | Federal and State Employment Insurance| Cape Verde| 60| days|  | 90|  |  | Social insurance| Central African Republic| 14| weeks|  | 50|  |  | Social security| Chad| 14| weeks|  | 50|  |  | Social security| Channel Islands, Guernsey| 18| weeks|  | …| p,q|  | Social insurance and social assistance| Channel Islands, Jersey| 18| weeks|  | …| p,q|  | Social insurance| Chile| 18| weeks|  | 100|  |  | Social security| China| 90| days|  | 100| r|  | Social insurance | China, Hong Kong SAR| 10| weeks|  | 80|  |  | Employer| Colombia| 12| weeks|  | 100|  |  | Social security| Comoros| 14| weeks|  | 100|  |  | Employer|
Congo| 15| weeks|  | 100|  |  | 50% Social security, 50% Employer| Costa Rica| 4| months|  | 100| s|  | 50% Social security, 50% Employer| Cote d’Ivoire| 14| weeks|  | 100|  |  | Social insurance| Croatia| 1+| year| t| 100| u|  | Health Insurance Fund (until the child reaches the age of 6 months), and the rest is paid from the State Budget| Cuba| 18| weeks|  | 100|  |  | Social security| Cyprus| 18| weeks|  | 75| v|  | Social security| Czech Republic| 28| weeks|  | 69|  |  | Social security| Democratic Republic of the Congo| 14| weeks|  | 67|  |  | Employer| Denmark| 52| weeks| w| 100| n|  | Municipality and Employer| Djibouti| 14| weeks|  | 50, 100| x|  | Employer|
Dominica| 12| weeks|  | 60| k|  | Social security| Dominican Republic| 12| weeks|  | 100| y|  | 50% Social security, 50% Employer| Ecuador| 12| weeks|  | 100|  |  | 75% Social security, 25% Employer| Egypt| 90| days|  | 100|  |  | Social security (75%) and Employer (25%)| El Salvador| 12| weeks|  | 75|  |  | Social security for insured workers, otherwise Employer must pay| Equatorial Guinea| 12| weeks|  | 75|  |  | Social security| Eritrea| 60| days|  | …| z|  | Employer| Estonia| 140| calendar days|  | 100|  |  | Health Insurance Fund| Ethiopia| 90| days|  | 100|  |  | Employer (for up to 45 days)| Fiji| 84| days|  | …| p|  | Employer| Finland| 105| working days|  | 70| v2|  | Social insurance system| France| 16| weeks|  | 100| n|  | Social security| Gabon| 14| weeks|  | 100|  |  | National Social Security Fund| Gambia| 12| weeks|  | 100|  |  | Employer| Germany| 14| weeks|  | 100| n|  | Statutory health insurance scheme, state, employer| Ghana| 12| weeks|  | 100|  |  | Employer|
Greece| 119| days|  | 50+| a1,b1|  | Social security/Employer| Grenada| 3| months|  | 100, 60| c1|  | 60% for 12 weeks by Social security, 40% for 2 months by Employer| Guatemala| 84| days|  | 100| y|  | Social security (2/3), Employer (1/3)| Guinea| 14| weeks|  | 100|  |  | Social security (1/2), Employer (1/2)| Guinea-Bissau| 60| days|  | 100|  |  | Employer (if women receive subsidy from social security, employer pays the difference between subsidy and full salary)| Guyana| 13| weeks|  | 70| k|  | Social security| Haiti| 12| weeks|  | 100| d1|  | Employer| Honduras| 12| weeks|  | 100| y|  | Social security (2/3), Employer (1/3)| Hungary| 24| weeks|  | 70|  |  | Social insurance| Iceland| 3| months| e1| 80|  |  | Social security| India| 12| weeks|  | 100|  |  | Social insurance or employer (for non-covered women)| Indonesia| 3| months|  | 100|  |  | Employer| Iran (Islamic Republic of)| 90| days|  | 67|  |  | Social security| Iraq| 62| days|  | 100|  |  | Social security|
Ireland| 26| weeks|  | 80| f1|  | Social insurance| Isle of Man| 26| weeks|  | 90| g1|  | Social security and social assistance system| Israel| 14| weeks|  | 100| n|  | Social security| Italy| 5| months|  | 80|  |  | Social insurance| Jamaica| 12| weeks|  | …| h1|  | Social insurance| Japan| 14| weeks|  | 67| i1|  | Employees’ health insurance scheme or National health insurance scheme (for all those not covered under the Employees’ health insurance scheme)| Jordan| 10| weeks|  | 100|  |  | Employer| Kazakhstan| 126| calendar days|  | 100|  |  | Employer| Kenya| 3| months|  | 100|  |  | Employer| Kiribati| 12| weeks|  | 25|  |  | Employer| Kuwait| 70| days|  | 100|  |  | Employer| Kyrgyzstan| 126| calendar days|  | 100| j1|  | Social security (Employer covers the first 10 working days)| Lao People’s Democratic Republic| 90| days|  | 100| k1|  | Social security or employer| Latvia| 112| calendar days|  | 100|  |  | State Social Insurance Agency| Lebanon| 7| weeks|  | 100|  |  | Employer| Lesotho| 12| weeks|  | …| l1|  | Employer|
Libyan Arab Jamahiriya| 50| days|  | 50, 100| m1|  | Employer, Social security for self-employed women| Liechtenstein| 20| weeks|  | 80|  |  | Social insurance| Lithuania| 126| calendar days|  | 100|  |  | State Social Insurance Fund| Luxembourg| 16| weeks|  | 100|  |  | Social insurance| Madagascar| 14| weeks|  | 100|  |  | 50% Social insurance, 50% Employer| Malawi| 8| weeks| n1| 100|  |  | Employer| Malaysia| 60| days|  | 100|  |  | Employer| Mali| 14| weeks|  | 100|  |  | Social insurance| Malta| 14| weeks|  | 100| o1|  | Employer/Social security| Mauritania| 14| weeks|  | 100|  |  | National Social Security Fund| Mauritius| 12| weeks|  | 100|  |  | Employer|
Mexico| 12| weeks|  | 100| y|  | Social security| Monaco| 16| weeks|  | 90| n|  | Social insurance| Mongolia| 120| days|  | 70|  |  | Social Insurance Fund| Morocco| 14| weeks|  | 100|  |  | Social security| Mozambique| 60| days|  | 100|  |  | Social security| Myanmar| 12| weeks|  | 67|  |  | Social security| Namibia| 12| weeks|  | 100|  |  | Social security| Nepal| 52| days|  | 100|  |  | Employer| Netherlands| 16| weeks|  | 100| n|  | Social insurance| New Zealand| 14| weeks|  | 100| n|  | State funds (Universal and social assistance system)| Nicaragua| 12| weeks|  | 60| y|  | Social security| Niger| 14| weeks|  | 100|  |  | 50% Social insurance, 50% Employer| Nigeria| 12| weeks|  | 50|  |  | Employer| Norway| 46-56| weeks| p1| 80, 100| q1|  | Social insurance| Pakistan| 12| weeks|  | 100| r1|  | Social insurance| Panama| 14| weeks|  | 100| y|  | Social Insurance Fund| Papua New Guinea| 6+| weeks| s1| …| t1|  | …|
Paraguay| 12| weeks|  | 50| u1|  | Social insurance system| Peru| 90| days|  | 100| n|  | Social security system| Philippines| 60| days| v1| 100|  |  | Social security| Poland| 16| weeks|  | 100|  |  | Social Insurance Fund| Portugal| 120| days|  | 100|  |  | Social insurance| Qatar| 50| days|  | 100|  |  | Employer| Republic of Korea| 90| days|  | 100| w1|  | Employment Insurance Fund| Republic of Moldova| 126| calendar days|  | 100|  |  | Social insurance| Romania| 126| calendar days|  | 85|  |  | Social Insurance Fund| Russian Federation| 140| calendar days|  | 100| n,b1|  | Social Insurance Fund| Rwanda| 12| weeks|  | 100, 20| x1|  | Employer (if women not covered by social security)| Saint Kitts and
Nevis| 13| weeks|  | 65| k|  | Social security| Saint Lucia| 3| months|  | 65| k|  | National Insurance Corporation| Saint Vincent and the Grenadines| 13| weeks|  | 65| k|  | Social insurance| San Marino| 5| months|  | 100| y1|  | Social security| Sao Tome and Principe| 60| days|  | 100|  |  | Social security (Employer if women not covered by social security)| Saudi Arabia| 10| weeks|  | 50, 100| z1|  | Employer| Senegal| 14| weeks|  | 100|  |  | Social security| Serbia| 365| days|  | 100| a2|  | Social insurance| Seychelles| 14| weeks|  | …| b2|  | Social Security Fund| Singapore| 12| weeks|  | 100| c2|  | Employer and Government | Slovakia| 28| weeks|  | 55|  |  | Social Insurance Fund| Slovenia| 105| calendar days|  | 100|  |  | State| Solomon Islands| 12| weeks|  | 25|  |  | Employer| Somalia| 14| weeks|  | 50|  |  | Employer| South Africa| 4| months|  | 60| d2|  | Unemployment Insurance Fund| Spain| 16| weeks|  | 100|  |  | Social security| Sri Lanka| 12| weeks|  | 86, 100| e2|  | Employer| Sudan| 8| weeks|  | 100|  |  | Employer| Swaziland| 12| weeks|  | …| f2|  | …|
Sweden| 480| days | g2| 80| n,h2|  | Social insurance | Switzerland| 14| weeks| i2| 80| n,j2|  | Social insurance| Syrian Arab Republic| 50| days|  | 70|  |  | Employer| Tajikistan| 140| calendar days|  | …| z|  | Social security| TFYR of Macedonia| 9| months|  | …| z|  | Health Insurance Fund| Thailand| 90| days|  | 100, 50| k2|  | Employer and Social insurance system| Togo| 14| weeks|  | 100|  |  | 50% Employer, 50% Social security| Trinidad and Tobago| 13| weeks|  | 100, 50| l2|  | Employer and National Insurance Board | Tunisia| 1-2| months | m2| 67, 100| n2|  | National Social Security Fund| Turkey| 16| weeks|  | 67| o2|  | Social security| Turkmenistan| 112| days|  | 100| b1|  | Social security| Uganda| 60| working days|  | 100|  |  | Employer| Ukraine| 126| days|  | 100|  |  | Social security| United Arab Emirates| 45| days|  | 100, 50| p2|  | Employer| United Kingdom| 52| weeks | q2| 90| r2|  |
Employer (92% refunded by public funds)| United Republic of Tanzania| 12| weeks|  | 100|  |  | National Social Security Fund| United States of America| 12| weeks|  | …| s2|  | …| Uruguay| 12| weeks|  | 100| t2|  | Social security system| Uzbekistan| 126| calendar days|  | 100|  |  | Social insurance| Vanuatu| 3| months|  | 50|  |  | Employer| Venezuela| 18| weeks|  | 67|  |  | Social insurance| Viet Nam| 4-6| months| u2| 100|  |  | Social insurance fund| Yemen| 60| days|  | 100|  |  | Employer| Zambia| 12| weeks|  | 100|  |  | Employer| Zimbabwe| 98| days|  | 100|  |  | Employer| Source: International Labour Office, Maternity protection database available from the ILO Conditions of Work and Employment Programme’s website, http://www. ilo. org/public/english/protection/condtrav/database/index. htm (accessed December 2010) …| Not available. | | 80% for the period prior to birth and for 150 days after birth, and 50% for the rest of the leave period. | b| Social Insurance (60 per cent for 13 weeks) and Employer (40 per cent for the first 6 weeks). | c| In addition, a means-tested birth grant is paid in lump sum. | d| The entitlement to 12 months is reduced by the amount of any unpaid special maternity leave taken by the employee while she was pregnant. | e| A lump sum payment is paid for each child. | f| Benefits by the National Insurance Board are paid for 13 weeks, by the Employer for 12 weeks. | g| 82% for the first 30 days and 75% for the remaining period (up to a ceiling). | h| No statutory benefits are provided.
However, the 2000 Employment Act provides for 8 weeks paid and 4 weeks unpaid maternity leave to employees who have worked for the same employer for at least a year; 8 weeks unpaid maternity leave for employees with less than a year. | i| 100% of national minimum wage plus 70% of wages above minimum wage. | j| The level of benefits received during maternity leave varies from 50% to 100% depending upon the various cantonal regulations. | k| In addition, a maternity grant is paid in lump sum. | l| Duration of maternity leave depends on the province. In Quebec and Saskatchewan, maternity leave is 18 weeks, while in Alberta it is 15. | m| In addition, up to 37 weeks of parental leave may be shared between the two parents within the 52 weeks following birth. | n| Up to a ceiling. | | Benefits paid vary by province and jurisdiction. In most provices and the federal jurisdiction, 55% paid for 15 weeks of maternity leave and another 35 weeks of paternal leave which may be shared between both parents. Three provinces (Newfoundland, Prince Edward’s Island and Saskatchewan) pay maternity benefits for the full 17 weeks leave (in the case of Saskatchewan 18 weeks). In Quebec, maternity benefits are paid at 70% for 18 weeks or at 75% for 15 weeks; paternity benefits are paid at 70% for 5 weeks or at 75% for 3 weeks; parental benefits (shared by both parents) are paid at 70% for 7 weeks plus 55% for 25 weeks or at 75% for 25 weeks. p| Flat rate for the normal duration of maternity leave. | q| In addition, a lump sum maternity grant is paid. | r| The social insurance program applies to urban areas and the maternity insurance program covers all employees in urban enterprises, including all state-owned enterprises, regardless of their location. | s| In cases where the employee does not fulfill the prerequisites to receive social security benefits, the employer shall pay two-thirds of the remuneration. | t| 45 days before delivery and 1 year after. | u| 100% until the child reaches the age of six months, then at a flat rate determined by the Act on the Execution of the State Budget for the remaining period. v| The rate is increased to 80% if claimant has one dependant, to 90% if she has two dependants and to 100% if she has three dependants. | w| Up to 32 weeks of lea

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