Keyfinding - 5. Maternity and Work - 2020 - Labour Rights Index

5. MATERNITY AT WORK

A. PREGNANCY INQUIRY DURING RECRUITMENT

An equal number of countries have explicit and implicit prohibition on requiring a test for pregnancy or certificate of such a test when a woman is applying for employment. 11 countries each from Americas and Europe have an explicit prohibition on inquiry about pregnancy during recruitment, while most (16) of the countries having an implicit prohibition are situated in Europe. More than 20 countries, both in Africa and Asia, have no prohibition on inquiring about pregnancy or making a woman worker test for pregnancy during the recruitment process.

Table 31: Pregnancy Inquiry during Recruitment
Region	Explicit Prohibition	Implicit Prohibition	No Prohibition	Total Countries
Africa	3	7	24	34
Americas	11	1	3	15
Asia	3	5	22	30
Europe	11	16	7	34
Oceania	1	-	1	2
Total Countries	29	29	57	115

B. MATERNITY LEAVE

More than 60% (74) countries require a maternity leave of at least 14 weeks. 14 countries require less than 12 weeks of maternity leave. Of these, nine are from Asia (eight from the Middle East region). 27 countries provide for maternity leave of 12-13 weeks. 13 of these countries are in Africa and seven each from the Americas and Asia. An overwhelming majority of European countries (30 of 34) provide more than 14 weeks of maternity leave.

Table 32: Maternity Leave
Region	<12 weeks	12-13 weeks	14 weeks	15-17 weeks	≥18 weeks	Total Countries
Africa	5	13	14	2	-	34
Americas	-	7	1	4	3	15
Asia	9	7	4	4	6	30
Europe	-	-	4	11	19	34
Oceania	-	-	1	-	1	2
Total Countries	14	27	24	21	29	115

C. MATERNITY BENEFITS

Most countries (103 of 115) require maternity benefit, equivalent to at least two-thirds (66.67%) of the worker’s former wage. Five countries, Australia, Finland, Ireland, Malta and the UK, provide a flat rate benefit to a worker during maternity leave. Six countries, Botswana, Canada, Iran, Nigeria, Saudi Arabia and South Africa, require a maternity benefit of less than two-thirds of the worker’s former wage. The US is the only country which has no statutory provision on paid maternity leave.

Table 33: Maternity Benefits
Region	<66.67%	≥66.67%	Flat-rate benefit	Unpaid	Total Countries
Africa	3	31	-	-	34
Americas	1	13	-	1	15
Asia	2	28	-	-	30
Europe	-	30	4	-	34
Oceania	-	1	1	-	2
Total Countries	6	103	5	1	115

D. SOURCE OF MATERNITY BENEFITS

Nearly 70% (76) countries provide maternity benefits either as a universal benefit or through the social insurance system. 14 countries provide maternity benefits through a mixed system where the employer pays a certain part of the former wage and the remainder is paid through social insurance or public funds. 24 countries, 12 each from Africa and Asia, follow an employer liability system where the employer is required to pay the workers’ wages during the term of maternity leave. The US is the only country, under this Index, which has unpaid maternity leave.

Table 34: Source of Maternity Benefits
Region	Employer Liability	Mixed System	Social Insurance or Universal Benefits	Unpaid	Total Countries
Africa	12	8	14	-	34
Americas	-	2	12	1	15
Asia	12	2	16	-	30
Europe	-	2	32	-	34
Oceania	-	-	2	-	2
Total Countries	24	14	76	1	115

E. PROHIBITION ON DISMISSALS DURING PREGNANCY

There are only 10 countries which do not prohibit dismissal of a woman worker’s employment during or on account of pregnancy. Bangladesh, Botswana, Iran, Iraq, Malaysia, Myanmar, Pakistan, Qatar, Singapore, and Yemen have no statutory provision prohibiting employers from dismissing workers on account of pregnancy.

Table 35: Prohibition on Dismissals during Pregnancy
Region	Prohibition on dismissals	No Prohibition	Total Countries
Africa	33	1	34
Americas	15	-	15
Asia	21	9	30
Europe	34	-	34
Oceania	2	-	2
Total Countries	105	10	115