R191 Maternity Protection Recommendation, 2000

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Adopted by International Labour Organization (ILO) at the 88th ILO Conference, Geneva, Switzerland, 15 June 2000 R191 Maternity Protection Recommendation, 2000 Recommendation concerning the revision of the Maternity Protection Recommendation, 1952

The General Conference of the International Labour Organization,
 
Having been convened at Geneva by the Governing Body of the International Labour Office, and 
 
Having met in its 88th Session on 30 May 2000, and 
 
Having decided upon the adoption of certain proposals with regard to maternity protection, which is the fourth item on the agenda of the session, and 
 
Having determined that these proposals shall take the form of a Recommendation supplementing the Maternity Protection Convention, 2000 (hereinafter referred to as "the Convention"), adopts this fifteenth day of June of the year two thousand the following Recommendation, which may be cited as the Maternity Protection Recommendation, 2000.

MATERNITY LEAVE

1. 1. Members should endeavour to extend the period of maternity leave referred to in Article 4 of the Convention to at least 18 weeks.
   
   2. Provision should be made for an extension of the maternity leave in the event of multiple births.
    
   3. To the extent possible, measures should be taken to ensure that the woman is entitled to choose freely the time at which she takes any non-compulsory portion of her maternity leave, before or after childbirth.

BENEFITS

2. Where practicable, and after consultation with the representative organizations of employers and workers, the cash benefits to which a woman is entitled during leave referred to in Articles 4 and 5 of the Convention should be raised to the full amount of the woman's previous earnings or of such of those earnings as are taken into account for the purpose of computing benefits.
    

3. To the extent possible, the medical benefits provided for in Article 6, paragraph 7, of the Convention should include:

1. care given in a doctor's office, at home or in a hospital or other medical establishment by a general practitioner or a specialist;
    

2. maternity care given by a qualified midwife or by another maternity service at home or in a hospital or other medical establishment
    

3. maintenance in a hospital or other medical establishment;
    

4. any necessary pharmaceutical and medical supplies, examinations and tests prescribed by a medical practitioner or other qualified person; and
    

5. dental and surgical care.

FINANCING OF BENEFITS

4. Any contribution due under compulsory social insurance providing maternity benefits and any tax based upon payrolls which is raised for the purpose of providing such benefits, whether paid by both the employer and the employees or by the employer, should be paid in respect of the total number of men and women employed, without distinction of sex.

EMPLOYMENT PROTECTION AND NON-DISCRIMINATION

5. A woman should be entitled to return to her former position or an equivalent position paid at the same rate at the end of her leave referred to in Article 5 of the Convention. The period of leave referred to in Articles 4 and 5 of the Convention should be considered as a period of service for the determination of her rights.