279. The philosophy and principles of the aforesaid Conventions (100 and 111) have been
domesticated in the Employment Rights Act.
280. Mauritius ratified the Maternity Protection Convention, 2000 (No. 183) of the International
Labour Organisation in June 2019. The Convention applies to all employed women, including
those in a typical form of dependent work and makes provision for the following (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
extension of protection to all employed women;
at least 14 weeks of maternity leave, including six weeks of compulsory postnatal
leave;
additional leave in case of illness, complications or risk of complications arising out
of pregnancy or childbirth;
cash benefits during leave of at least two-thirds of previous or insured earnings (or at
an equivalent level where benefits are not calculated on the basis of previous
earnings);
access to medical care, including prenatal, childbirth and postnatal care, as well as
hospitalisation when necessary;
health protection, that is the right of pregnant or nursing women not to perform work
prejudicial to their health or that of their child;
minimum of one daily break with pay for breastfeeding; and
employment protection and non-discrimination.
281. Section 31 of the Act provides that a male worker is entitled to 5 continuous working days’
paternity leave upon the production of a medical certificate certifying that his spouse has given
birth to his child and a written statement from him that his spouse and himself are living under a
common roof. This benefit is also extended on a pro-rata basis to part-time male employees. The
leave is on full pay for a worker reckoning more than 12 months’ continuous employment. The
application of this provision has been extended to all sectors of employment, including those
covered by Remuneration Regulations. It is to be noted that under this section, “spouse” is defined
as a person with whom the worker has contracted a civil or religious marriage.
282. As per the Employment Rights Act, the maternity protection can be summarised as follows
14 weeks of paid maternity leave, to all female workers, irrespective of their length of
service, to be taken either before confinement or after confinement, provided that at
least 7 weeks’ leave is taken immediately after confinement. In August 2018, the
eligibility to maternity leave with pay was extended to female workers employed in both
the Public and Private Sector who reckoning less than 12 months of continuous service.
The restriction of 3 confinements which is applicable in the Public Sector has been
removed as from 01 July 2019;
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