Maternity protection

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Maternity protection is the sum of legal provisions protecting mother and child before and after childbirth. This includes employment bans before and after the birth, special protection against dismissal for mothers and compensation during the employment ban (maternity allowance) and beyond (parental allowance).

ILO Convention No 183 on Maternity Protection
International Labour Organisation (ILO) Convention No 183, which entered into force in 2002, provides States Parties with minimum standards of maternity protection. It replaces Convention No 103 on Maternity Protection of 1952.

The Convention grants maternity protection of at least 14 weeks to all self-employed women, including those engaged in atypical forms of dependent work. Furthermore, Convention No 183 contains standards on health protection, leave in the event of illness or complications, cash and medical benefits, protection of employment and non-discrimination, and protection of breastfeeding mothers. It introduces increased flexibility through a reference to national legislation and practice, with the aim of achieving a greater number of ratifications.

Article 2 of the Convention applies to all self-employed women. Article 3 requires Member States, after consulting representative employers' and workers' organisations, to take appropriate measures to ensure that pregnant or breastfeeding women are not obliged to carry out work which is harmful to the health of the mother or child or constitutes a serious danger to their health. Article 4 provides that every woman to whom the Convention applies is entitled to maternity leave of at least fourteen weeks. This includes a six-week period of compulsory leave after childbirth, unless otherwise agreed at national level by the government and representative organisations of employers and employees. According to Article 5, leave must be granted in the event of illness, complications or risk of complications as a result of pregnancy or delivery.

Article 6 regulates the provision of benefits in cash or in kind during leave. These must guarantee the maintenance of the woman and the child in proper health and a decent standard of living. Women who do not meet the eligibility requirements for cash benefits must receive benefits from state social assistance. In addition, the mother and the child shall be entitled to medical services, including pre-, during and post-natal care and, where necessary, hospital care. In principle, the costs of these services must not be imposed on the employer. Article 7 introduces a flexibility clause in favour of countries