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; 115

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