Section 30: Maternity benefits

30. Maternity benefits (1) Notwithstanding any other enactment or Remuneration Regulations, a female worker who remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section shall, on production of a medical certificate, be entitled to 14 weeks maternity leave on full pay to be taken either— (a) before confinement, provided that at least 7 weeks maternity leave shall be taken immediately following the confinement; or (b) after confinement. (1A) Notwithstanding any other enactment or Remuneration Regulations and subject to subsection (2), where a female worker, who remains in continuous employment with the same employer for a period of 12 consecutive months, gives birth to a child, she shall, on production of a medical certificate, be paid within 7 days of her confinement an allowance as specified in paragraph (b) of the Third Schedule. (2) Where a part-time female worker remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave, she shall, on production of a medical certificate, be entitled to an allowance computed in accordance with the following formula— E9B – 19 [Issue 7] Employment Rights Act N x amount specified in paragraph (b) of the Third Schedule H Where N means the number of days of work she is required to perform in a week H means the number of working days in a week of a comparable fulltime worker (3) A female worker who reckons less than 12 months’ continuous employment shall not be entitled to the benefits specified in subsection (1A) or (2), as the case may be, but shall be entitled to the maternity leave specified in subsection (1) without pay. (4) Where a female worker suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks’ leave on full pay immediately after the miscarriage. (5) (a) Notwithstanding any other enactment or Remuneration Regulations, where a female worker, who has been in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave under this section, gives birth to a still-born child, she shall, on production of a medical certificate, be entitled to 14 weeks leave on full pay. (b) A female worker who reckons less than 12 months continuous employment shall be entitled to the leave specified in paragraph (a) without pay. (6) (a) A female worker who is nursing her unweaned child shall, for that purpose, be entitled every day at a time convenient to her and having regard to the needs of the child to at least— (i) 2 breaks of half-hour; or (ii) one break of one hour. (b) The break specified in paragraph (a) shall— (i) be for a period of 6 months from the date of confinement or such longer period as may be recommended by a medical practitioner; and (ii) not be deducted from the number of hours of work of the female worker. (7) An employer shall not require a female worker to perform work in excess of a normal day’s work, 2 months before her confinement. (8) Subject to medical recommendation, a female worker who is pregnant shall not be required to perform duties— (a) requiring continuous standing; or (b) that may be detrimental to her health and that of her baby. (9) An employer shall not give to a female worker, who is on maternity leave, notice of termination of employment— (a) during such leave; or (b) that would expir mployer shall not require a female worker to perform work in excess of a normal day’s work, 2 months before her confinement. (8) Subject to medical recommendation, a female worker who is pregnant shall not be required to perform duties— (a) requiring continuous standing; or (b) that may be detrimental to her health and that of her baby. (9) An employer shall not give to a female worker, who is on maternity leave, notice of termination of employment— (a) during such leave; or (b) that would expire during such leave, [Issue 7] E9B – 20 Revised Laws of Mauritius for any reason, unless the grounds relate to the economic, technological, structural or similar nature affecting the employer’s activities. [S. 30 amended by s. 12 (c) of Act 14 of 2009 w.e.f. 1 July 2009; s. 13 of Act 6 of 2013 w.e.f. 11 June 2013; s. 3 of Act 10 of 2015 w.e.f. 21 May 2015.]