Benedetta Magri Key Elements of Maternity Protection at Work

International Labour Organization - Conditions of Work and Employment Programme Outline Why Maternity Protection at work is important for MDGs Key elements of Maternity Protection, 2000 (No.183) and Maternity Protection Recommendation, 2000 (No. 191)

International Labour Organization - Conditions of Work and Employment Programme Every year 8 million women have pregnancy- related complications 500,000 die before, during, after childbirth 3 million babies are stillborn 4 million newborn babies die with their first week of life

International Labour Organization - Conditions of Work and Employment Programme Maternal mortality ratio Developed workd : 20/100,000 live births Africa: 830 1/6 die from pregnancy-related causes in Afghanistan or in Benin In Sweden, 1/30,000

International Labour Organization - Conditions of Work and Employment Programme Maternity protection at work Why is it important? Protects the health and safety of the mother and the child Protects against economic vulnerability due to pregnancy and maternity Central to gender equality in employment

International Labour Organization - Conditions of Work and Employment Programme Maternity protection and the MDGs Maternity Protection helps to advance: Child nutrition (MDG 1) Gender equality (MDG 3) Maternal health (MDG 5) Newborn Health (MDG 4) Combat HIV/AIDS and PMTCTC (MDG 6)

International Labour Organization - Conditions of Work and Employment Programme Maternity protection and the MDGs it provides women…… Child nutrition (MDG 1) Gender equality (MDG 3) Maternal health (MDG 5) Newborn Health (MDG 4) Combat HIV/AIDS & PMTCTC (MDG 6) Time for recovery (paid leave) Time to for infant feeding (paid leave, feeding breaks) Health protection at work Access to medical care Economic security and empowerment Workplace as an entry point for education and awareness

International Labour Organization - Conditions of Work and Employment Programme Scope of Convention C183 This Convention applies to all employed women, including those in atypical forms of dependent work Convention No. 183, Article 2 Employed women : all women in an employment relationship, irrespective of the form of contract (written or oral, express or implied), type of work, where it takes place, type of pay (wage or salary, cash or in-kind). Atypical forms of dependent work include: – Fixed-term, contract, casual, seasonal and part-time workers; – Homeworkers, pieceworkers; temporary agency workers; – Unorganized, informal employees in all sectors; – Women in disguised employment relationships (disguised self- employment).

International Labour Organization - Conditions of Work and Employment Programme Maternity protection What is Maternity Protection? Maternity Leave Cash and medical benefits Health Protection Employment Protection and Non- discrimination Breastfeeding

International Labour Organization - Conditions of Work and Employment Programme Maternity protection What is Maternity Protection? Maternity Leave Cash and medical benefits Health Protection Employment Protection and Non- discrimination Breastfeeding

International Labour Organization - Conditions of Work and Employment Programme Maternity Leave Why is it important? Rest is an important health measure Returning to work too soon may increase the risk of acute complications Leave allows women time to establish breast feeding

International Labour Organization - Conditions of Work and Employment Programme Maternity Leave Provisions:  Not less than 14 weeks  Maternity leave can be taken as combinations of pre- and post-natal leave.  Compulsory postnatal leave of 6 weeks unless otherwise agreed at the National level  Additional leave in case of illness, complications or risk of complications  Right to return to same job or one with same pay. Convention No. 183, Articles 4,5,8

International Labour Organization - Conditions of Work and Employment Programme Length of maternity leave by region 2009 (167 countries)

International Labour Organization - Conditions of Work and Employment Programme Maternity protection What is Maternity Protection? Maternity Leave Cash and medical benefits Health Protection Employment Protection and Non- discrimination Breastfeeding

International Labour Organization - Conditions of Work and Employment Programme Benefits Cash benefits: why are they important? Cash benefits ensure that the woman can maintain herself and the child in proper conditions of health and with a suitable standard of living Convention No. 183, Article 6

International Labour Organization - Conditions of Work and Employment Programme Benefits Provisions: Provided in accordance with national law and practice Not less than 2/3 of previous earnings Payment of the benefit by social security or public funds Convention No. 183, Article 6 Where practicable the cash benefits should be raised to the full amount of previous earnings Recommendation No. 191, Paragraph 2

International Labour Organization - Conditions of Work and Employment Programme Benefits National Practice: Almost all countries provide for some payment during maternity leave 42 per cent pay at least two-thirds of earnings for at least 14 weeks In 34 per cent of the countries the payment is 100 per cent for at least 14 weeks The minority of countries not providing for any cash benefits has declined during the last 14 years

International Labour Organization - Conditions of Work and Employment Programme Cash benefits as a percentage of earnings and length of leave by region, 2009 (152 countries)

International Labour Organization - Conditions of Work and Employment Programme Who pays the benefit? Social security Employers’ liability Mixed systems

International Labour Organization - Conditions of Work and Employment Programme Percentage of countries reaching the ILO standard on length of maternity leave, payment and source of benefits, 2009 (145 countries)

International Labour Organization - Conditions of Work and Employment Programme Benefits Provisions for Medical Benefits: Prenatal, childbirth and postnatal medical care Hospitalization care, when necessary To the extent possible, medical benefits should include:  Qualified medical staff,  Required pharmaceuticals,  Examinations and tests, including confidential voluntary testing for HIV.

International Labour Organization - Conditions of Work and Employment Programme Maternity protection What is Maternity Protection? Maternity Leave Cash and medical benefits Health Protection Employment Protection and Non- discrimination Breastfeeding

International Labour Organization - Conditions of Work and Employment Programme Health protection Why is health protection important? In many workplaces, there are risks that may affect reproductive health…. Many risks CAN be eliminated… Prevention can help to avoid problems

International Labour Organization - Conditions of Work and Employment Programme Health protection Provisions for health protection: Pregnant or breastfeeding women shall not be obliged to perform work prejudicial to the health of the mother or the child  Arrangements of working time  Avoid dangerous and unhealthy work Convention No. 183, Article 3

International Labour Organization - Conditions of Work and Employment Programme Health protection Health Provisions: Working Time A pregnant or nursing woman should not be obliged to do night work if such work is incompatible with her pregnancy or nursing A woman should be allowed to leave her workplace for the purpose of undergoing medical examinations related to pregnancy Recommendation No. 191, Paragraph 6

International Labour Organization - Conditions of Work and Employment Programme Health Protection Health Protection: Dangerous and Unhealthy Work Provisions: Assessment of workplace risks related to the safety and health of the pregnant or nursing woman and her child. 1. elimination of risk; 2. adaptation of conditions of work; 3. transfer to another post, without loss of pay; or 4. paid leave. Right to return Recommendation No. 191, Paragraph 6 (2) and (5)

International Labour Organization - Conditions of Work and Employment Programme Health Protection Health Protection on Working Time: National Practice Several ILO member States have enacted provisions protecting pregnant and nursing women against the fatigue associated with night work  For example in Panama, the employer shall make the necessary arrangements to ensure that the expectant mother is not required to perform night work In several ILO member States, pregnant women have the right to time off for medical examinations  For example in Ireland, for the purpose of receiving ante-natal and/or post- natal care, an employee shall be entitled to time off from her work, without loss of pay

International Labour Organization - Conditions of Work and Employment Programme Health Protection Dangerous and Unhealthy work: National Practice: Provisions on health protection for pregnant women and nursing mothers are regulated in different places: Labour Laws, Occupational Health and Safety Legislation etc. National provisions vary widely  For example in Iceland, if the safety and health of a pregnant woman, a woman who has recently given birth or a breastfeeding woman is considered in danger according to a special assessment, her employer shall make the necessary arrangements to ensure the woman's safety by temporarily changing her working conditions and/or working hours (Act on maternity/paternity leave and parental leave)

International Labour Organization - Conditions of Work and Employment Programme Maternity protection What is Maternity Protection? Maternity Leave Cash and medical benefits Health Protection Employment Protection and Non- discrimination Breastfeeding

International Labour Organization - Conditions of Work and Employment Programme Employment Protection and Non-discrimination Why is it important: Maternity should not be a source of discrimination or disadvantage in employment – In getting a job – In keeping a job – In continuing work after leave – In entitlements

International Labour Organization - Conditions of Work and Employment Programme Employment Protection and Non-discrimination Provisions: Ensure that maternity does not constitute a source of discrimination in employment, including access to employment  Prohibition of pregnancy testing Protection against discriminatory dismissal  Guaranteed right to return to the same job or an equivalent one paid at the same rate  Burden of proof Convention No. 183, Articles 8 and 9

International Labour Organization - Conditions of Work and Employment Programme Employment Protection and Non-discrimination National practice Different methods of protecting workers are used in different countries Some countries have specific provisions against discrimination related to maternity  For example in Fiji and Singapore, provisions nullify contracts that attempt to restrict rights related to maternity Many countries protect pregnant women and women who have recently given birth from dismissal Reports that pregnancy discrimination continues

International Labour Organization - Conditions of Work and Employment Programme Maternity protection What is Maternity Protection? Maternity Leave Cash and medical benefits Health Protection Employment Protection and Non- discrimination Breastfeeding

International Labour Organization - Conditions of Work and Employment Programme Breastfeeding Why is it important for the child? It strengthens the child’s immune system. Breastmilk is the best food for babies, is bacteria-free and it contains anti-infective factors.

International Labour Organization - Conditions of Work and Employment Programme Breastfeeding Why is it important for the mother? It helps the mother to recover after birth and to return to her normal weight faster. Provides some protection against breast cancer and new conception. Strengthens mother-child bonding.

International Labour Organization - Conditions of Work and Employment Programme Breastfeeding Provisions: Right to one or more daily breaks or reduction in working time for the purpose of breastfeeding. Length and number of breaks is decided nationally. Nursing breaks are to be counted as working time and remunerated. Convention No. 183, Article 10

International Labour Organization - Conditions of Work and Employment Programme Breastfeeding Breastfeeding and HIV Breastfeeding by a mother with HIV increases the risk of transmission to her baby by 5-20% In many places, though, it may not be possible or safe not to breastfeed, especially where water isn’t clean WHO & UNICEF advise: “ when replacement feeding is acceptable, feasible, affordable, sustainable and safe, avoidance of all breastfeeding by HIV-infected mothers is recommended. Otherwise, exclusive breastfeeding is recommended during the first months of life”.

International Labour Organization - Conditions of Work and Employment Programme Breastfeeding National Practice Legislation in at least 92 countries provides for breastfeeding breaks The time foreseen is often at least 1 hour Breastfeeding breaks are usually paid The entitlement often extends until the child reaches at least the age of 6 months

International Labour Organization - Conditions of Work and Employment Programme Making Maternity Protection a Reality Promote principles and ratification of C183; Review national legislation; Awareness raising on maternity protection; Strengthen action on: –Coverage and access to cash and medical benefits –Addressing workplace hazards to health –Facilitating best infant feeding choices –Ensuring non-discrimination and employment security Enhance workplace education and services –Health education, HIV/AIDS prevention, counselling, including PMTCT, voluntary confidential testing

International Labour Organization - Conditions of Work and Employment Programme Protecting maternity is not a Women’s issue All society is concerned –including Governments, employers, trade unions and men

International Labour Organization - Conditions of Work and Employment Programme The ILO Maternity Protection Package Maternity Protection Resource Package “From Aspiration to Reality for All” Upcoming, 2012

International Labour Organization - Conditions of Work and Employment Programme MP Package Part 1 Basics What is it? For whom Why important Stakeholders International rigths and guidance Part 2 In depth Leave Cash and medical benefits Health protection at work Employment protection and non-discrimination Breastfeeding Back to work; childcare

International Labour Organization - Conditions of Work and Employment Programme MP Package Part 3 : Taking action Maternity Protection at work: Assessing national legislation Assessing Maternity Protection in practice Advocacy and awareness-raising Capacity development and training

International Labour Organization - Conditions of Work and Employment Programme Maternity Protection Everyone’s Concern For more information, visit: