Maternity and Work - Labor Laws

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Monday, October 19, 2015

Maternity and Work

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Maternity Leave

The duration of maternity leave is 12 weeks (84 days) excluding weekly holidays, Poya days and statutory holidays. Out of these 12 weeks, 02 weeks maternity leave is before confinement (including the day of her confinement) and 10 weeks following the day of confinement.
In accordance with the Maternity Benefits Ordinance, 12 weeks, inclusive of all non working days, maternity leave is allowed. For the third and subsequent confinement, duration of maternity leave is 42 days excluding weekly holidays, Poya days and statutory holidays. Under the Maternity Benefits Ordinance, 6 weeks, inclusive of all non working days, maternity leave is allowed.
Maternity leave is granted to a female worker upon providing a notice to her employer mentioning that her date of delivery is within a month or 14 days (in case of shop and office worker). After confinement, she must inform the employer, within a week, about her date of delivery for the purpose of ascertaining the number of days she is permitted to absent herself from the employment. She should also, specify the number of children she has.
There is no provision in law regarding extension of maternity leave in case of complications or sickness due to confinement or in case of multiple births.
Source: §02 of the Maternity Benefits Ordinance, 1939; §18(B) of the Shop and Office Employees Act, 1954

Income

Maternity Leave under the Shop and Office Employees Act is fully paid leave while under the Maternity Benefits Ordinance, 6/7th (86%) of a worker's wages are paid for the period.
Maternity benefits are provided to a woman who has worked at least one hundred and fifty days within the period of one year, under the employer from whom she claims such benefit, immediately preceding the date of the notice that women may give to the employer before confinement.
Source: §18(C) of the Shop and Office Employees Act; §3-5 of the Maternity Benefits Ordinance

Free Medical Care

Under the Health Services Act of 2000, maternity homes are established. Family Health Bureau, established under the Ministry of Health in Sri Lanka is responsible for provision of comprehensive ante-natal and post-natal care. The medical care is available to all free of charge.
Source: Health Services Act, 2000

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