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There is an exciting, but potentially daunting time when you tell your employer you are pregnant. How much time off will you get, and will you get paid? Will you get fired? Many countries have laws to protect pregnancy at work, here we will outline how maternity rights work with regards to:
Time Off and Pay
Most countries will offer a period of maternity leave which is protected. This leave should be a minimum of 14 weeks according to the Maternity Protection Convention by the International Labour Organization (ILO). However, it is encouraged to offer longer periods of leave (18 weeks or more). If you are unwell due to the pregnancy you may be entitled to additional time off with a doctor’s note either before or after the birth.
With regard to pay, the standard states that you should receive financial payments of a minimum of two thirds of your average pay. These payments should come from social insurance or public money so that you are not reliant on your employer. This means that employers cannot avoid employing women of child bearing age.
In reality there is a huge variation:
•The UK offers up to 52 weeks of leave, with a statutory amount of pay.
•The USA does not offer any statutory paid maternity leave, however the Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid leave.
•Many other countries lie somewhere between the two.
You should always check your country’s laws, your employment contract and company policies as some employers will offer more than the minimum.
Protection From Being Fired
According to the ILO standard, you should not be fired from your job due to you being pregnant, having a baby or breastfeeding. Unless there is an obvious reason not related to this, which the employer must prove. Usually this protection applies whilst you are on maternity leave and for a period of time after. You should also be offered the same position (or equivalent) on the same pay. If you are fired for this reason it is considered wrongful dismissal.
If you feel like you are being treated unfairly keep written evidence. Save any emails and performance reviews. Contact your labour office, trade union or legal aid as soon as possible as there may be strict time frames for complaints.
Know Your Workplace Rights, Health and Career Updates
1. How Can You Balance Work During Pregnancy?
Explore practical tips to manage work responsibilities while prioritising your health during pregnancy.
2. Can Pregnant Interns Be Fired in Japan?
Find out about pregnancy protections and workplace rights for technical interns working in Japan.
3. Why Are Women Still Dying During Pregnancy?
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4. Could Bangladeshis Get Better Jobs in Japan?
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5. Can Employees on Medical Leave Be Fired?
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