Key details
The most relevant changes include the following:
Maternity leave
Working mothers will remain entitled to three months of maternity leave paid at 100% of salary by the employer. The Law enables mothers to take an additional three months of maternity leave in special circumstances supported by a medical certificate. Such circumstances include any health issue and/or complications experienced by the mother or the newborn.
Working mothers who qualify for the additional three months of maternity leave shall be paid 100% of their salary for the first four months and 75% of their salary for the remaining two months.
Miscarriage leave for female employees
The Law grants working mothers who experienced a miscarriage 1.5 months of paid time off. Such leave may be extended if needed subject to a medical certificate.
Employment protections against dismissal
Female employees may no longer be dismissed or discriminated against by their employer for reasons related to the time off they needed to take to give birth or recover from a miscarriage. Under the Law, working mothers who can prove that they were discrimination against or have been dismissed during their leave may reach out to the Central Government or Regional Government for legal assistance. More details on this new provision should be provided in the implementing regulations.
Paternity leave
Working fathers remain entitled to two days of paternity leave paid at 100% of their salary by the employer. Paternity leave may be extended by an additional three employer-paid days if agreed upon by the employer.
Under the Law, working fathers will also be entitled to additional time off in the following circumstances:
- Accompany their spouse or child who experienced a health issue and/or complications.
- If their spouse or child passed away.
The Law doesn’t provide for an exact number of days and is silent as to whether the additional time off shall be paid or not. Forthcoming implementation of regulations may provide more clarity on this.
Miscarriage leave for male employees
Male employees are entitled to two employer-paid days if their spouse suffers a miscarriage.
Workplace support for female employees
Employers are now required to support their female employees by providing them with appropriate healthcare, childcare, and breastfeeding facilities. In addition, breastfeeding working mothers are entitled to negotiate a modified working schedule to accommodate their needs.
Details on these new mandates should be provided in the implementing regulations yet to be released.
Penalties
Under the Law, employers who fail to comply with the family leave provisions may be liable to up to 4 years of imprisonment and/or monetary fines.
Lockton comment
Employers should review their employment agreements and internal policies and amend them as necessary to ensure compliance with the Law. In addition, employers may want to monitor the publication progress of the implementing regulations as more clarity will be provided on many provisions of the Law to include the new mandates to provide daycare, healthcare, and breastfeeding facilities to female employees.