Working Mothers’ Rights based on the new Law on Mother and Child Welfare for the First 1000 Days of Life (“Law on Mother and Child Welfare”)
Aug 05, 2024
Effective on 2nd July 2024, under the Law on Mother and Child Welfare a working mother is entitled to maternity leave of at least 3 months after giving birth and up to an additional 3 months if there is a special condition with a doctor’s certificate provided as a proof. In the event of a miscarriage, working mothers are entitled to 1.5 months of rest time or a rest period as recommended in the doctor’s certificate, obstetrician and gynecologist, or midwife.
Maternity and miscarriage leaves cannot be the reason of termination of employment and a working mother is still entitled to obtain her rights in accordance with the Manpower Law and regulations.
Unlike the Manpower Law that requires employers to pay full wage during maternity leave, the Law on Maternal and Child Welfare requires that a working mother’ wage to be paid based on the lengths of the maternity leave i.e.: (a) in full for the first 3 months, (b) in full for the 4th months and (c) 75% from her wage for the 5th and 6th months.
Other than the above rights, working mothers with disabilities and special vulnerabilities are also entitled to certain rights in accordance with the relevant laws and regulations.
Pursuant to the Manpower Law, violation of the maternity and miscarriage leaves provision will be subject to a certain period of time of imprisonment and/or amount of fines.
Husbands are also entitled to paternity leave during (i) the childbirth period, for 2 days and maximum for the next 3 days or according to the agreement and (ii) the miscarriage period, for 2 days.