Maternity and Work

Maternity Leave

Female employees are entitled to at least 12 weeks of maternity leave on the provision of medical certificate signed by a registered medical practitioner. The maternity leave is equal to 120 days under the Orders issued in pursuance of Minimum Wages and Conditions of Employment Act. In accordance with the Orders and Employment Act, maternity leave is provided to the workers who must have worked with the employer for at least two years from the date of first engagement or since the last maternity leave taken. Maternity leave is available only.

 

Maternity leave can be extended in case of illness due to pregnancy or confinement. She is entitled to a paid sick leave of a maximum 26 days in a period of twelve month on production of a medical certificate. The employer may continue to pay such employee for any longer period. Furthermore, every female employee is entitled to one day’s absence from work each month without having to produce a valid medical certificate.

 

Source: §7 of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §7 of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); § 15(A) & 54 of the Employment Act, 1965

Income

Maternity leave is fully paid leave for a worker with two years of continuous service with the employer from the date of first engagement or since the last maternity leave taken and a medical certificate confirming the pregnancy. It is funded by the employer with no support from government.

 

Source: §7 of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §7 of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); § 15(A) of the Employment Act, 1965

Free Medical Care

Medical care is available to all citizens in government hospitals at fairly low cost. The Zambian Constitution ensures the availability of adequate maternal and child health care facilities.

No maternity related statutory benefits are provided under labour laws.

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)(c) of the Draft Bill of Rights 2016

Regulations on Maternity and Work

  • Employment Act, 1965
  • Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012)
  • Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012)
  • Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 (amended in 2012)
  • Draft Constitution of the Republic of Zambia, 2012
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