Parliament finalises draft bill to extend maternity leave and introduce paternity leave

The Parliament has finalised the draft bill for the extension of maternity leave and the introduction of paternity leave.

The Labour (Amendment) Bill, 2023, was initiated by Member of Parliament, Madina, Francis-Xavier Sosu.

The Bill which seeks to amend section 54 of the Labour Act provides that “a male worker is entitled to a period of paternity leave for a minimum of two weeks and a maximum of four weeks in addition to a period of annual leave which the man worker is entitled to, if the man worker produces a medical certificate issued by a medical practitioner or midwife indicating the expected date of the confinement of the spouse of the man.”

The clause further provides that the man worker is entitled to be paid his full benefits and remuneration which the man worker is entitled to. The clause allows the paternity leave to be extended for a period of at least two weeks where the spouse of the man has a caesarean section, or stillbirth or where two or more babies are born in the course of the same confinement.

Also, a male worker who adopts a child of not more than three months is entitled to paternity leave.

Also, Clause 2 of the Bill which seeks to amend section 57 of the Labour Act, 2003 (Act 651) substitutes “twelve” with “seventeen and at most twenty-six weeks” and by the insertion after subsection (1) of a provision which allows a woman worker who adopts a child of not more than three months to be entitled to maternity leave.

The clause further provides for the extension of maternity leave for an additional period of two weeks where the confinement is abnormal, where the woman worker has a cesarean section or still birth, or where in the course of the confinement two or more babies are born.

Additionally, Clause 3 of the Bill seeks to insert a new clause after section 57 to provide for flexible working conditions.

It provides that a female worker who is pregnant or lactating may apply to the employer for flexible working conditions; an application for flexible working conditions shall be in writing and indicate the reasons for the application.

Also, the employer is required to give a written response to the applicant within fourteen days stating whether the employer grants or refuses the application.

Following the completion of the draft Bill, the Bill will proceed to be gazetted, and read for the first time on the floor of the House, before being referred to the relevant committee for consideration.

It will be recalled that Madina MP, Sosu, initiated the Bill in October 2023, and conducted a stakeholders’ engagement to consider the objects of the Bill on Monday, March 4 2024 at Parliament House.

According to Mr Sosu, “the Bill forms part of efforts to achieve gender parity, and realise a free, fair, inclusive, progressive, and just society for all.”

The Madina MP who doubles as deputy Ranking member of the Constitutional, Legal and Parliamentary Affairs Committee of Parliament has so far initiated 17 Private Member’s Bills.

These include the death penalty bills, anti-witchcraft accusations bill, community sentencing bill, and bill to remove taxes on sanitary pads, among others; with three having been passed by Parliament, and one receiving Presidential assent.

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