Maternity protection

Maternity protection

Explanatory note

Maternity protection is a fundamental labour right and crucial for ensuring decent work and productivity for women and achieving gender equality at work. This right, which has been enshrined in core universal human rights treaties, includes among its principal elements maternity leave of not less than 14 weeks, protection against dismissal in the case of pregnancy or maternity, the reduction and interruption of paid working time for breastfeeding, and the payment of maternity leave by social security to avoid sources of indirect discrimination.

Binding ILO Convention

C183 – Maternity Protection Convention, 2000 (No. 183)

Legislation: Which are the main legislative sources analysed?

Constitution: general principles and sections relating to work and/or employment.

Labour laws (General Labour Laws, Labour Codes, Labour Relations Laws, etc.)

Equality laws: sections relating to the workplace and/or employment.

Family protection laws (Family Codes, care systems) and specific laws on maternity and paternity protection.

Social Security laws.

Sub-areas and criteria: What do we analyse in this area?

Sub-area Criterion

Right to maternity leave for employees and its duration

The duration of statutory maternity leave for female employees and whether it meets the minimum requirement of 14 weeks set out in ILO Convention 183.

Social security funding of maternity leave for employees

The percentage of prior income covered by maternity leave (%).

The source of funding for maternity leave (through social security, the employer or a mixed system).

Protection against dismissal

Protection against dismissal for pregnant female employees and the period covered (during the pregnancy, while on maternity leave, and for a period afterwards).

Provisions: What information is included in the comments?

Sub-area Provision

Right to maternity leave for employees and its duration

Duration of the maternity leave (preferably in weeks).

Social security funding of maternity leave for employees

Percentage of prior income covered by maternity leave.

Whether the cost of maternity leave is funded by Social Security, by the employer, or through a mixed funding arrangement (provided by both Social Security and the employer).

Protection against dismissal

The period during which protection against dismissal applies.

Recommendations: What criteria are used for the recommendation?

Right to maternity leave for employees and its duration

Estado Criterion Definition Binding recommendation
Preserve Where the relevant legislation, such as employment legislation, provides for a minimum of 14 weeks’ maternity leave. No further regulatory action is required. No recommendation is therefore made.
Expand Where the right to maternity leave is recognised, but it does not meet the 14-week minimum. Extension of maternity leave to 14 weeks, as established by ILO Convention No. 183.
Reform Where the right to maternity leave is recognised, but it does not meet the 14-week minimum. Extension of maternity leave to 14 weeks, as established by ILO Convention No. 183.
Eliminate Where maternity leave is not provided for by law. Removal of the absence of statutory maternity leave by introducing legislation to regulate it and guaranteeing a minimum of 14 weeks leave, as established by ILO Convention No. 183.

Social security funding of maternity leave for employees

Estado Criterion Definition Binding recommendation
Preserve Where the cost of maternity leave is covered in full by the Social Security system. No further regulatory action is required. No recommendation is therefore made.
Expand Where the cost of maternity leave is not covered in full by the Social Security system. Full assumption of maternity leave costs by the Social Security system, so there is no cost to the company.
Reform Where the cost of maternity leave is not covered in full by the Social Security system. Full assumption of maternity leave costs by the Social Security system, so there is no cost to the company.
Eliminate Where maternity leave is not funded by the Social Security system, with the full cost falling on the employer or with no defined coverage. Address the lack of funding by Social Security through the establishment of a public maternity leave scheme that guarantees payment at no cost to the employer.

Protection against dismissal and the period covered

Estado Criterion Definition Binding recommendation
Preserve Where the legislation provides for employment protection during pregnancy and maternity leave. No further regulatory action is required. No recommendation is therefore made.
Expand Where the legislation provides for employment protection during pregnancy and maternity leave, but does not extend to reasonable additional periods following the return to work. Extension of the protection against dismissal to include a period following the return to work, thereby guaranteeing job security after maternity leave.
Reform Where the legislation provides for employment protection, but only during pregnancy. Extend the period of protection against dismissal to include pregnancy and maternity leave.
Eliminate Where the legislation does not provide for protection against dismissal during pregnancy or maternity leave. Address the lack of protection against dismissal by establishing legal safeguards covering pregnancy and maternity leave at a minimum.