Family Responsibilities

Paternity Leave

There was no provision in the Zambian law on paternity leave earlier. The Employment Code Act of 2019 has clear provisions on the paternity leave. A male employee, having at least one year of service prior to the start of paternity leave, is entitled to at least 5 continuous working days paternity leave. The said employee must be the father of the child; the employee has submitted a birth record of the child to the employer; and the leave is taken within 7 days of the birth of a child.

The Draft Constitution of Zambia supports availability of adequate paternity leave in recognition of the nurturing role of both parents. However, this provision has yet not been translated into a law. The Tripartite Consultative Labour Council (TCLC), a representative body of workers, employers and the government, has recommended for an unpaid paternity leave of up to 7 days.

Bill of Rights is not part of the 2016 Constitution of Zambia (Amendment) Act and will be subject to a referendum during the 2016 general elections being held on 11 August 2016. The referendum was held and although 71% of voters voted in favour of the amendments, since the turnout was only 44%, below the 50% threshold required to validate the result, the amended Bill of Rights 2016 could not be approved. Thus, the Bill of Rights contained in 1996 Constitution is still applicable.   

Source: §60(3) of the Constitution of the Republic of Zambia, 2016; Draft Bill of Rights 2016; §46 of the Employment Code Act, 2019

Parental Leave

There is no provision in the law on paid or unpaid parental leave.

Flexible Work Option for Parents / Work-Life Balance

No provisions could be located in the law supporting work-life balance for parents or workers with family responsibilities. In line with the Employment Code Act of 2019, a female worker is entitled to one day’s absence from work each month without having to produce a medical certificate or give reason to the employer. This is referred to as Mother’s Day in the law.

Source: §47 of the Employment Code Act, 2019

Regulations on Family Responsibilities

  • Constitution of the Republic of Zambia, 2016/Draft Bill of Rights 2016