Question: I work for two companies, legally and with a permit from the Ministry of Labour. I am currently due to give birth to a baby. Do I have the right, according to Labour Law, to request my rights for maternity leave and maternity allowance from both companies at the same time? How much is the entitlement for maternity leave allowance and how long does it last? Please advise.
Answer: You have the right to request maternity leave and maternity allowance from both companies since you are working with two different entities with permits from the ministry. But in case of a dispute, the court shall have the jurisdiction to make an estimate and decide about it.
In general and as per Article 30 of the Labour Law No. 33 of 2021, a female worker shall be entitled to maternity leave of 60 days, of which the first 45 days will be with full pay and the following 15 days will be with half pay.
The female worker, may, after using her maternity leave, be absent from work without pay for a period not exceeding 45 consecutive or intermittent days, if such absence is due to an illness suffered by her or her child as a result of pregnancy or childbirth and that does not enable her to return to her work. The said illness should be proven by a medical certificate issued by the competant authority.
After returning from maternity leave and for a period not exceeding six months as of the date of giving birth, the female worker is entitled to one or two rest periods per day to breastfeed her child, provided that these periods do not exceed one hour.
The employer must grant the female worker maternity leave whenever she requests it, starting as of the last day of the month, immediately preceding the month, in which she is expected to give birth, and this again needs be proven by a certificate from the competant authority.
