The Scope

  • The Convention applies to all employed women, including those in  atypical forms of dependent work.

Health Protection

  • Ensures that pregnant or breastfeeding women are not obliged to perform work which has been determined by the competent authority to be prejudicial to the health of mother or the child.

Maternity Leave

  • Women shall be entitled to a period of maternity leave of not less than 14 weeks, (18 weeks according to Recommendation 191).
  • On production of a medical certificate, leave shall be provided before or after the maternity leave period in the case of illness, complications or risk of complications arising out of pregnancy or childbirth.
  • It shall be unlawful for an employer to terminate the employment of a woman during her pregnancy or absence on leave.
  • A woman is guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave.

Daily breaks

  • A woman shall have the right to one or more daily breaks or a daily reduction of hours of work to breastfeed her child, according to national laws.

Cash benefits

  • shall be at a level which ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living.

Medical benefits

  •  shall be provided for the woman and her child in accordance with national laws and regulations.  Medical benefits shall include prenatal, childbirth and postnatal care, as well as hospitalization care when necessary.

Discrimination

  • Maternity (including breastfeeding) should not constitute a source of discrimination in employment.  The Convention makes it unlawful to fire a woman during pregnancy, maternity leave or for a period after her return to work, except on grounds proven not to be related to maternity.

 

What is the Role of Policy Makers

Enact the necessary Legislation to support Maternity Protection Convention 183 of 2000.  According to the Convention, employers should:

  • Provide a minimum of 14 weeks paid maternity leave
  • Allow breastfeeding breaks daily (the number and duration depends on national laws)
  • Provide facilities for breastfeeding or expressing milk at or near the workplace
  • Ensure women have equal employment & advancement rights at work
  • Ensure monthly pay during maternity leave
  • Provide a safe working environment for pregnant and breastfeeding women at all times

 

Policy Makers should ensure that the Maternity Protection Convention 183 works hand in hand with other International Instruments such as CRC, CEDAW,  nternational Code of Marketing of Breastmilk Substitutes etc.

Policy makers should ensure that the woman realizes her right to motherhood and to work; in turn, this would fulfill the right of the child to food and health. (The Convention on the elimination of all forms of Discrimination Against Women (CEDAW), The Convention of the Rights of the Child (CRC: Article 24), The International Covenant on Economic, Social and Cultural Rights.)

Maternity protection means protecting the jobs and welfare of working pregnant women, working mothers and their babies. Maternity protection provides the support women need to help them satisfactorily harmonize their productive and reproductive roles. 

The only way that women can be sure that they will not be penalized when they take time off work to give birth and nurture their infants, is if there is adequate national legislation to ensure employers give them necessary paid leave and job security.