Maternity Regulations

What does the law say about maternity and work?

• Before pregnancy

There are no special provisionsfor women employees related to health and safety before being pregnant. Their health and safety rights at work arethe same as for male employees.

•  During pregnancy

While being pregnant, women employee is entitled to perform only light work. The law does not prohibit pregnant women from night work or overtime.

• Maternity Leave
• Employers cannot lay-off women during their maternity leave or at a date when the end of the notice period would fall during the maternity leave.
• During the maternity leave, women who have worked at the enterprise for one year or more are entitled to half of their wage, including any in-kind benefits or other benefits paid by the employer.

 After Maternity Leave (After Birth)

• After the maternity leave and during the first two months after returning to work, they are only expected to perform light work.
• For one year from the date of child delivery, mothers who breast-feed their children are entitled to one hour per day during working hours to breast-feed their children. This hour may be divided into two periods of thirty minutes each, one during the morning shift and the other during the afternoon shift. The exact time of breast-feeding is to be agreed between the mother and the employer. If there is no agreement, the periods shall be at the midpoint of each work shift.
• Breaks for breastfeeding are separate from and shall not be deducted from normal breaks.
• Managers of enterprises employing 100 or more womenshall set up, within their establishments or nearby, a nursing room and a day-care center.

What do collective bargaining agreements say?

During pregnancy

Collective bargaining agreements advise that women employees should inform their human resource office when they are pregnant. This will ensure that her employers will only delegate light work to her that will not impact her health and/or her baby’s health.

Collective bargaining prohibits employers from hiring pregnant women at night between the hours 22: 00 PM to 5:00 AM. Pregnant women can leave work 15 minutes early without deducting salary and other benefit.

Pregnant women are also entitled to 2 hours or one full day per month for physical examination during her pregnancy, which will not be deducted from her salary, attendance bonus, or incentive bonus.

Maternity Leave

Employers must give pregnant women maternity leave of 90 days. In addition, employer must give male employee one day for fatherhood.During maternity leave, the employer must maintain her position, wage, and seniority.

After Maternity Leave (After Birth)

New mothers are entitled to one hour of breastfeeding breaks, which can be divided into two times according to her preference. For night workers,they are entitled to one full hour for breastfeeding breaks without dividing into two intervals. Breastfeeding breaksare allowed for up to one year.

Employer shall also support the infant’s milk expense each monthly for one year.

 Breastfeeding breaks

For one year from the date of children delivery, mothers who breast-feed their children are entitled to 1 hour per day during working hours to breast-feed their children. This hour may be divided into two periods of thirty minutes each, one during the morning shift and the other during the afternoon shift. The exact time of breast-feeding is to be agreed between the mother and the employer. Breaks of breast feeding are separate from normal breaks and shall not be deducted from normal breaks.