Maternity Rights: Leave, Protection, and Allowances

Posted on Mar 28, 2025 in Law & Jurisprudence

Maternity Rights and Protections

Rights are seen as maternity protection. The rights covered by the Labour Code are:

  1. Pre- and postnatal Rest (maternity leave)
  2. Permit for child’s health if less than one year requires home care.
  3. Allowance for rest periods and leave.
  4. Outside employment regulations.
  5. Prohibition on work harmful to their health during pregnancy.
  6. Right to nursery.
  7. The right to food.

Right to Maternity Leave Extension

Maternity leave includes pre- and postnatal periods. The prenatal period is 6 weeks before delivery, and postnatal care is 12 weeks after the event. The prenatal period always corresponds to the woman who is heavily pregnant. However, the postnatal period may be held by the father in the following cases:

  • If the mother were to die at birth.
  • If the mother dies during the break, its share of post-natal leave transfers.

In these cases, the total of postnatal leave or the rest of it shall be granted to the father, requiring that it be intended for child care, a condition that must necessarily attend to the father the right to access. The parent who uses this postnatal leave that entirely or lack thereof is entitled to the labor courts. The charter goes to the father from the time by a court is deprived of the care of the child. These benefits are granted to the father regardless of the link between parents, the father being sufficient allocated permission to care for your child. The Article 195 of the Labour Code be waived expressly appropriated, they present to the working mother’s maternity leave, this is absolutely forbidden to perform work during the periods.

Extending Prenatal and Postnatal Rest

The circumstances may be extended rest pre-natal and post Natal:

Rest Prenatal Extended:

If the birth occurs after 6 weeks of the date started maternity leave, prenatal leave shall be extended until the date of birth and since this will have the post-natal rest, which should be checked before the deadline.

Supplementary Prenatal Break:

Takes place during pregnancy if disease occurs as a result of it, check with a medical certificate, the duration is set by the services have in charge of preventive or curative medical care.

Prolonged Post-Natal Rest:

In the event that childbirth causes a disease that prevents women returning to work after expiry of the twelve weeks of the post-natal rest, this is extended by the time fixed by the respective medical .

Multiple Births:

In this case, the law provides for the possibility of increasing the duration of postnatal leave if there is a multiple birth, so in this situation the working mother is entitled to break 12 weeks after delivery.

Abortion:

The woman who interrupted her pregnancy by abortion or miscarriage, is not entitled to enjoy the rest of postnatal care.

Stillborn Child:

In the event that the stillborn child the worker does not lose the post-natal leave.

Newborn Death:

In this case the worker does not lose the right to maternity leave. In these situations the rest is the same up to the woman whose child is born alive and not die, that is, 12 weeks after delivery. In these cases the woman whose child is stillborn or dies newbaby has right to postnatal time.

Subsidies During Periods of Rest and Leave

The woman who is in periods of maternity leave, prenatal supplemental extended prenatal, postnatal and postnatal longer receive a subsidy equivalent to the total remuneration and allowances to be perceived. Only be reduced by the imposition of legal predictability and discounts that apply.

Permissions for Child Health (Under One Year)

Permission to Mother As the purpose of the rules on maternity protection is to protect life and the health of both mother and child, gives women the right to grant the permit and so that the mother is entitled to a permit is necessary That the child is sick. That this disease is severe Qrequiera care at home. That the child is under one year

License for Father’s

Father may use the license with the right to grant the following cases:

  1. When both parents are employed at the discretion of the mother.
  2. When the mother has died.
  3. When the father hath the tuition of the child by court order this right, and grant permission, you can access the worker who has the care of a child less than one year, if:
    1. has granted the tuition the lower court of law or
    2. has been granted custody of the child as a protective measure.