MATERNITY BENEFITS ORDINANCE

Arrangement of Sections

1. Short title.

2. Woman worker not to be employed for four weeks after her confinement.

3. Period for which maternity benefit must be paid.

4. Repealed.

5. Liability of employer and rate of maternity benefit.

6. Women not to claim benefits, in respect of the same confinement, from more than one employer.

7. Notice to employer of confinement or expected confinement.

8. Payment of maternity benefit.

9. Payment of maternity benefit before death of woman.

10. Woman worker not to be given notice of dismissal during authorised absence from employment.

10A. Employment not to be terminated because of pregnancy or confinement or of illness in consequence thereof.

10B. Work which is prohibited during pregnancy and after confinement.

11. Right to maternity benefit unaffected by notice of dismissal in specified circumstances.

12. Liability to pay maternity benefits to be first charge on assets.

12A. Establishment and maintenance of creches.

12B. Provision of nursing intervals for nursing mothers.

13. Power to obtain information or copies of registers of women workers.

14. Powers of inspection.

15. Regulations.

16. Offences and penalties.

17. Prosecutions not to be instituted except or with sanction of sanction commissioner.

18. Prosecutions to be instituted within six years of date of offence.

19. Contracting out.

20. Application of other written law.

21. Interpretation.

32 of 1939,

35 of 1946,

26 of 1952,

6 of 1958,

24 of 1962,

1 of 1966,

13 of 1978,

52 of 1981,

43 of 1985.

AN ORDINANCE to make provision for the payment of Maternity Benefits to women workers and for other matters incidental to the employment of such women before and after their confinement.

[Date of Commencement: 28th July, 1941]

1. Short title.

This Ordinance may be cited as the Maternity Benefits Ordinance.

2. Woman worker not to be employed for four weeks after her confinement.

No employer shall knowingly employ a woman worker at any time during the period of four weeks immediately following her confinement.

3. Period for which maternity benefit must be paid.

(1) The period for which any woman shall be entitled to the payment of maternity benefit shall be—

(a) twelve weeks, that is to say two weeks up to and including the day of her confinement and ten weeks immediately following that day, if the confinement results in the issue of a live child, and such woman has, at the date of such confinement. no child or has one child;

(b) six weeks, that is to say two weeks up to and including the day of her confinement and four weeks immediately following that day—

(i) if the confinement results in the issue of a live child, and such woman has, at the date of such confinement, two or more than two children;

(ii) if the confinement does not result in the issue of live child:

Provided however, where such woman has worked in her employment for any number of days during the aforesaid period of two weeks referred to in paragraph (a) and paragraph (b), she shall be entitled to the payment of maternity benefit for that number of days immediately after her confinement commencing the day immediately after the date on which the aforesaid period of ten weeks or four weeks as the case may be, ends.

(2) If a woman dies during the twelve weeks referred to in paragraph (a) or six weeks referred to in paragraph (b) of subsection (1), the maternity benefit shall be payable only for the days up to and including the day of her death.

[S 3 subs by s 2 of Act 43 of 1985.]

4. .

[ S 4 Rep by Act 13 of 1978 ]

5. Liability of employer and rate of maternity benefit.

(1) Subject to the provisions of subsections (3) and (4), the employer of a woman worker shall pay to such worker maternity benefit at the prescribed rate—

(a) for the entirety of the period of two weeks immediately preceding the confinement and of the period of ten weeks immediately following her confinement if such confinement results in the issue of a live child, and such worker has, at the date of such confinement, no child or has one child; and

(b) for the entirety of the period of two weeks immediately preceding the confinement and of the period of four weeks immediately following her confinement—

(i) if the confinement results in the issue of a live child, and such worker has, at the date of such confinement, two or more than two children;

(ii) if the confinement does not result in the issue of live child:

Provided however, where such woman worker has worked in her employment on any day during the aforesaid period of two weeks referred to in paragraph (a) and paragraph (b), immediately preceding her confinement, she shall be entitled to maternity benefit, for that day and for that part of the period which precedes that day after her confinement.

[S 5(1) subs by s 3 of Act 43 of 1985. ]

(2) .

[S 5(2) rep by s 3(2) of Act 52 of 1981.]

(3) Where the Commissioner has issued to any employer a written certificate which states that such employer is an employer who has made arrangements for providing for woman worker employed on his estate such alternative maternity benefits as may be prescribed, such employer shall provide, in lieu of the maternity benefits referred to in subsection (1), those alternative maternity benefits—

(a) to every woman worker who is resident on such estate; and

(b) to every woman worker who is not resident on the estate and who has, prior to her confinement, given notice in the prescribed manner to such employer of her desire to receive those alternative maternity benefits.

[S 5(3) am by s 3(a) of Act 24 of 1962.]

(4) Any woman worker referred to in subsection (3) who refuses to accept from her employer the alternative maternity benefits referred to in that subsection shall not be entitled to receive the maternity benefit referred to in subsection (1).

[S 5(4) am by s 3(b) of Act 24 of 1962.]

(5) A certificate issued to any employer under subsection (3) shall be liable to be cancelled by the Commissioner, if the Commissioner is satisfied, after such inquiry as he may deem necessary, that the employer has ceased to make arrangements for providing for women workers on his estate the alternative maternity benefits referred to in that subsection.

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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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