1 Maternity Protection Convention 2000, No. 183

2 ILO Standards on Maternity Protection Maternity Protection Convention, 1919 (No. 3) Maternity Protection Convention, 1919 (No. 3) Maternity Protection Convention, 1952 (No. 103) Maternity Protection Convention, 1952 (No. 103) Maternity Protection Convention, 2000 (No. 183) Maternity Protection Convention, 2000 (No. 183) *** *** Maternity Protection Recommendation, 1952 Maternity Protection Recommendation, 1952 (No. 95) Maternity Protection Recommendation, 2000 Maternity Protection Recommendation, 2000 (No. 191)

3 Why maternity protection? Protect against discrimination due to the reproductive role of women Protect against discrimination due to the reproductive role of women Promote equality for all women in the workforce and the health and safety of the pregnant or nursing mother and the child Promote equality for all women in the workforce and the health and safety of the pregnant or nursing mother and the child

4 What is maternity protection? Maternity leave Maternity leave Cash and medical benefits Cash and medical benefits Health protection Health protection Breast feeding Breast feeding Employment security Employment security Non-discrimination Non-discrimination

5 Who is covered? Convention No. 3 (1919): Convention No. 3 (1919): Women in any public or private industrial or commercial undertaking. Convention No. 103 (1952): Convention No. 103 (1952): Women employed in industrial undertakings and in non-industrial and agricultural occupations. Convention No. 183 (2000): Convention No. 183 (2000): All employed women including those in atypical forms of dependent work.

6 Health protection «… adopt appropriate measures to ensure that pregnant or breastfeeding women are not obliged to perform work prejudicial to the health of the mother or the child, » (Article 3, ILO Convention No. 183) (Article 3, ILO Convention No. 183) Pregnancy is not an illness …

7 Why is health protection important? Fact 1: In many workplaces there are risks that may affect reproductive health. Fact 2: Many risks CAN be eliminated. Fact 3: Prevention can help to avoid future problems.

8 Health protection Workplace risk assessment If risks: take measures to eliminate risks take measures to eliminate risks adapt working conditions adapt working conditions provide a transfer to safe work provide a transfer to safe work paid leave, if necessary paid leave, if necessary Right to return to her job or an equivalent one when it is safe to do so.

9 Maternity leave Not less than 14 weeks Not less than 14 weeks Maternity leave can be taken as combinations of pre- and post-natal leave. 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 Compulsory postnatal leave of 6 weeks unless otherwise agreed at the national level Additional leave in case of illness, complications or risk of complications Additional leave in case of illness, complications or risk of complications Right to return to same job or one with same pay. Right to return to same job or one with same pay. Convention No. 183, Articles 4 and 5 Convention No. 183, Articles 4 and 5

10 Length of leave in 156 countries

11 Why is maternity leave important? Fact 1: Rest is an important preventive. measure Fact 2: Returning to work too soon may increase the risk of acute complications. Fact 3: Leave allows women time to establish breast feeding.

12 Related types of leave Parental leave: Leave and benefits for either parent after maternity leave Leave and benefits for either parent after maternity leave Paternity leave: Leave for father at birth of child Leave for father at birth of child

13 CASH BENEFITS: The need for a secure income « Cash benefits shall be at the national level which ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living. » (Ariticle 6, paragraph 2, ILO Convention No. 183)

14 Cash benefits No less than two-thirds of a woman’s previous earnings or insured earnings No less than two-thirds of a woman’s previous earnings or insured earnings Qualifying conditions which can be met by a large majority of employed women Qualifying conditions which can be met by a large majority of employed women Where women do not meet the qualifying conditions, social assistance funds will be provided subject to means testing. Where women do not meet the qualifying conditions, social assistance funds will be provided subject to means testing.

15 Financing of Benefits In order to protect women in the labour market, benefits in respect to leave shall be provided through compulsory social insurance or public funds, or in a manner determined by national law and practice. (Article 6, paragraph 8, C. 183) Employer liability is only permissible, if a) Employer agrees a) Employer agrees or b) in force nationally before 15 June 2000, or c) there is a national tripartite agreement thereafter

16 Developing Economies For countries with insufficiently developed economies to pay the cash benefits at the level outlined in the Convention, alternative measures are available. « … if cash benefits are provided at a rate no lower than a rate payable for sickness or temporary disability in accordance with national laws and regulations. » (Article 7, paragraph 1, Convention 183)

17 Medical benefits Prenatal, childbirth and postnatal medical care Prenatal, childbirth and postnatal medical care Hospitalization care, when necessary Hospitalization care, when necessary To the extent possible, medical benefits should include; To the extent possible, medical benefits should include; Qualified medical staff,Qualified medical staff, Required pharmaceutical,Required pharmaceutical, Examinations and testsExaminations and tests

18 Employment security No dismissal during: Pregnancy, Pregnancy, Maternity leave, Maternity leave, Leave for maternity-related illness or complications, Leave for maternity-related illness or complications, A period following the woman’s return to work. A period following the woman’s return to work.

19 No Dismissal Except for … Reasons unrelated to maternity Burden of proof is on the employer to show that the dismissal is not related to: Burden of proof is on the employer to show that the dismissal is not related to: pregnancy,pregnancy, childbirth and its consequences,childbirth and its consequences, nursing.nursing.

20 Non-discrimination Members must take measures to ensure that maternity is not a source of discrimination in employment. Members must take measures to ensure that maternity is not a source of discrimination in employment. (Examples: Recruitment; Access to training; Conditions of Employment; Promotional opportunities etc.) No pregnancy testing at recruitment No pregnancy testing at recruitment

21 Breastfeeding Right to one or more daily breaks or reduction in working time for the purpose of breastfeeding. 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. Length and number of breaks is decided nationally. Nursing breaks are to be counted as working time and remunerated. Nursing breaks are to be counted as working time and remunerated.

22 National provisions for Breastfeeding Breaks There are at least 92 countries where national legislation provides for breastfeeding breaks of one hour or more.

23 Why is breastfeeding important for mothers? Fact 1: It helps the mother to recover after birth and to return to her normal weight faster. Fact 2: Provides some protection against breast cancer and new conception. Fact 3: Strengthens mother-child bonding.

24 Why is breastfeeding important for babies? Fact 1: It strengthens the child’s immune system. Fact 2: Breastmilk is the most suitable food as it is easy to digest and can be safely given even when the baby is ill. Fact 3: Breastmild is bacteria-free and it contains anti-infective factors.

25 Stronger Protection Wider scope Wider scope Longer maternity leave Longer maternity leave Non-discrimination measures Non-discrimination measures Health protection and breastfeeding Health protection and breastfeeding Cash benefits Cash benefits Guaranteed right to return to job Guaranteed right to return to job

26 Greater flexibility Methods of financing Methods of financing Computation of benefits Computation of benefits Provisions for developing countries Provisions for developing countries Protection against dismissal Protection against dismissal

27 Maternity protection: Key areas for national action Ensuring awareness and implementation of legal provisions that exist Ensuring awareness and implementation of legal provisions that exist Strengthening national legal provisions Strengthening national legal provisions Securing ratification of Convention No. 183 Securing ratification of Convention No. 183

28 Protecting maternity is not a women’s issue All society is concerned – including Governments, employers, trade unions and men

29 Who pays the benefit