Maternity Protection
"Maternity protection is a precondition
of genuine equality of opportunity and treatment
for men and women." (International Labour
Organization [ILO], Maternity
Protection at Work, pg. 51,
1997)
Exclusive breastfeeding for six months is
crucial for the health of mothers and infants
everywhere. Governments are recommended to
establish maternity protection so that the
rights of working mothers, including the right
to breastfeed, can be protected and
upheld.
National laws, collective bargaining
agreements and company policies must support
breastfeeding in the workplace. Guaranteed paid
maternity leave and breastfeeding breaks, access
to infants during working hours, flexible
working hours, job-sharing, safe working
conditions and a comfortable, private place to
breastfeed and express milk – these are all
means of supporting and protecting
breastfeeding.
The ILO Maternity Protection
Convention 2000 (No. 183) entitles women to 14
weeks' paid maternity leave and lactating
mothers to one or two paid breastfeeding breaks
per working day.
Maternity
Protection Convention 2000 (No.
183)
In 1919, the
International Labour Organization adopted the
first Maternity Protection Convention, 1919 (No.
3) which has been ratified by 33 countries; it
was followed, in 1952, by Maternity Protection,
1952 (No. 103) which 37 countries ratified over
the years. On 15 June 2000, Maternity Protection
Convention, 2000 (No. 183) and Recommendation
191 were adopted. To date Bulgaria, Hungary,
Italy, Lithuania, Romania and Slovakia have
ratified the Convention. Upon ratifying a
Convention, States Parties pledge to adapt their
national legislation to that of the Convention,
and to implement these new laws.
Employment Ordinance
(Cap. 57), Hong
Kong
The Employment Ordinance is
the main piece of legislation governing
conditions of employment in Hong Kong. Since its
enactment in 1968, the benefits provided for
under the Ordinance have been substantially
improved. It now covers a comprehensive range of
employment protection and benefits for employees
including Maternity Protection.
ILO Maternity Protection
Convention 2000 (No.
183) |
Employment Ordinance
(Cap. 57), HKSAR |
Maternity leave: 14
weeks |
Maternity leave: 10
weeks |
Cash
benefits paid with respect to leave are based on
previous earnings, the amount of such benefits
shall not be less than two-thirds of the woman's
previous earnings. |
Maternity leave pay
shall be equivalent to four-fifths of the
employee's normal wages.It
should be paid on the normal
pay day of the
employee. |
A
woman shall be provided with the right to one or
more daily breaks or a daily reduction of hours
of work to breastfeed her child. These breaks or
the reduction of daily hours of work shall be
counted as working time and remunerated
accordingly. |
N/A |
ILO Maternity Protection
Convention 2000
(Recommendation
191) |
Employment Ordinance
(Cap. 57), HKSAR |
Where
practicable, provision should be made for the
establishment of facilities for nursing under
adequate hygienic conditions at or near the
workplace. |
N/A |
Useful
documents:
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