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Hi,

Would anybody know if there is a change in the maternity leave rules? I am under the impression that it is 3 months, but I heard that it may have changed. Could anybody clarify this for me?

Thanks,
Maya

From India, Madras
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Dear Colleagues,

Quite sometime, quickly on the issue of maternity leave period a working mother is entitled to... presently the internationally acceptable number of months is 3 months and on resumption is entitled to 2 hours off a day for 3 months. On the other hand, in some other mother/baby friendly business environments/countries, nursing/working mothers are given a complete 6 months maternity leave!

Hope this would satisfy you accordingly.

Thanks

From Nigeria, Lagos
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akm18
51

Dear Maya
There is no change.
As per Factories Act : Leave - A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days or more in the previous calendar year. Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered, but leave shall not be earned on those days. [section 79]. – Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. Leave admissible is exclusive of holidays occurring during or at either end of the leave period. Wage for period must be paid before leave begins, if leave is for 4 or more days. [section 81]. Leave cannot be taken for more than three times in a year. Application for leave should not normally be refused. [These are minimum benefits. Employer can, of course, give additional or higher benefits].
Regards
Arun K Mishra

From India, Bahadurgarh
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Dear Maya,

I am from Bangladesh. In my country, it was three (3) months ago, which was 4 years back. Now it is 4 months. You should fight with management for this extra 1 month. Please let me know your development. Finally, congratulations!

Anjuman Ara Baby

From Germany, Aachen
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Dear Maya, What Anjuman has told is right, as per factorties Act it is 12 week (3months), but u can take one more month official leave on your medical ground. Regards, Shiela Shetty
From Qatar, Doha
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Dear Maya,

Nothing has really changed. You can refer to the following regarding Maternity Benefits:

Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:
- Confinement: payable for a period of 12 weeks (84 days) on production of Form 21 and 23.
- Miscarriage or Medical Termination of Pregnancy (MTP): payable for 6 weeks (42 days) from the date following miscarriage on the basis of Form 20 and 23.
- Sickness arising out of Pregnancy, Confinement, Premature birth: payable for a period not exceeding one month on the basis of Forms 8, 10, and 9.
- In the event of the death of the Insured Woman during confinement leaving behind a child, Maternity Benefit is payable to her nominee on production of Form 24 (B).
- Maternity benefit rate is double the Standard Benefit Rate, or roughly equal to the average daily wage.

Thanks,
Debajyoti

From India, Gurgaon
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Hi Maya,

Nothing has really changed. It's the same 3 months leave after delivery. Upon expiration of the maternity leave, you would be entitled to two hours of breastfeeding time. In the case of the breastfeeding time, some companies allow one to do one hour in the morning and another in the afternoon. However, at my workplace, the Ladies' Association decided that they will close two hours before the regulatory time. This proposal has been accepted by management and is currently being implemented without any problem.

Paa Kow

From Ghana, Kumasi
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Hi All! In some organisations the maternity leave is either considered for three months or 120 days. Sometimes it even depends on the grade. Regards, Jennifer Isaac
From India, Mumbai
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Hi, It is 12 weeks i.e., 3 months, but can be extended to 2 weeks further based on the Medical Condition of Mother.
From India, Madras
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Maternity leave days that are based on grade are quite discriminatory and must be discouraged. Birth is birth. It is only when a caesarean section is performed that the leave days should be varied.

Paa Kow

From Ghana, Kumasi
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Government Extends Maternity Leave to Six Months

The government on Tuesday extended the period of maternity leave to six months from the existing four months. The finance ministry issued a gazette notification amending Rule 197(1) of Part-I of the Bangladesh Service Rules, extending the maternity leave with effect from January 9.

According to the amended rule, a female government servant will be entitled to maternity leave twice during her service. However, the extended maternity leave will not be applicable to female officers or workers in the private sector.

Institute of Public Health and Nutrition director Fatima Parveen Chowdhury said that the extension of maternity leave would allow working mothers to breastfeed their children for six months. "The same provision should be applied to all working mothers, including those engaged in private and informal sectors," she said. "If the extended leave is not made applicable to the private sector, we would appeal to the government to do so."

The amended rule, which replaced the existing one, states: "When a female government servant applies for maternity leave, the authority mentioned in Rule 149 or Rule 150, as the case may be, shall grant such leave for a period of six months from the date of the commencement of the leave or on her confinement for the purpose of delivery, whichever is earlier."

The period of maternity leave was extended in response to demand from different sectors. Earlier on August 2, 2009, while inaugurating the World Breastfeeding Week, Prime Minister Sheikh Hasina said that the government had taken steps to extend the duration of maternity leave.

Most female workers do not get the statutory current minimum of four months of maternity leave. The Bangladesh Labour Act 2006 stipulates that a female worker can enjoy maternity leave for eight weeks before delivery and another eight weeks after delivery. Working mothers still face problems with their newborn babies as most offices in the public and private sectors do not grant them maternity leave.

"Most private offices do not grant maternity leave properly," said Kohinoor Mahmood, project coordinator of the Women Workers Development project of the Bangladesh Institute of Labour Studies. According to the Bangladesh Bureau of Statistics, there are about 1.21 crore working women in the country, and more than 97 lakh of them are engaged in the informal sector, which is outside the labour law.

Garment Workers' Unity Forum finance secretary Shahidul Islam Shabuj told New Age last month that in his view, less than one percent of garment factories grant female workers maternity leave with pay in accordance with the Labour Act. "Most of the women who work in the garment sector have their jobs terminated during pregnancy," he said.

The so-called "temporary" government servants are also deprived of maternity leave in violation of the Bangladesh Service Rules. Rule 197(2) of the Bangladesh Service Rules stipulates, "Maternity Leave as admissible under sub-rule (1) may also be granted to a temporary government servant provided that she has been in government service for at least nine months immediately preceding the date of delivery."

"Temporary female workers, even though they have worked for a long period of time at a particular job, are denied maternity rights. Even government offices such as Titas, Rajdhani Unnayan Kartripakkha, Public Works Department, and city corporations do not provide the facilities to their female staff," said Kohinoor.

Titas Gas managing director Md Abdul Aziz Khan admitted to New Age in December 2010 that women working temporarily in Titas Gas did not get maternity leave. Rajdhani Unnayan Kartripakkha member (administration and land) said that as temporary workers were appointed on a daily basis, the government rules for leave, including maternity leave, were not applicable to them.

Labour experts welcomed the new government initiative but pointed out that only the women working under Bangladesh Service Rules would get the extended leave, excluding those who work under the Labour Act. They urged the government to provide all working mothers, including informal sector workers, with the same rights.

Regards

From Bangladesh, Dhaka
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