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Parental leave

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This is an old revision of this page, as edited by 99.231.248.190 (talk) at 17:15, 12 September 2010 (most countries only mandate parental leave benefits to companies with more than 50 employees. many countries pay for benefits from tax revenues, rather than putting the burden on the employer.). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

"Maternity leave" redirects here. For the episode of Lost, see Maternity Leave (Lost).

Parental leave is an employee benefit that provides paid or unpaid time off work to care for a child or make arrangements for the child's welfare. Often, the term parental leave includes maternity, paternity, and adoption leave. Often the minimum benefits are stipulated by law.

Variation in International Law

In most countries, paid parental leave (typically maternity leave) is available for those who have worked for their current employer for a certain period of time.[1] National legislations vary widely as it is a matter of politics to decide the appropriate type of parental leave legislation. The United States is the only Western country that does not mandate paid parental leave, although the Family and Medical Leave Act of 1993 mandates unpaid parental leave for the majority of American workers.

Legal requirements for parental leave benefits do not always reflect actual practice. In some countries with relatively weak requirements, individual employers choose to provide benefits beyond those required by law. In some countries, laws requiring parental leave benefits are widely ignored in practice.[citation needed]

Benefits in a selection of countries

A large majority of countries provide more than 10 paid weeks maternity leave. Only four provide none.


Histogram of Paid Leave by country.

When entries are not listed in the subsection tables, it may be because they are unknown and not that they do not exist.[2][3]

Europe

Central European countries are the most dedicated countries in the world regarding parental leave. In Czech Republic, it is standard that mothers stay at home for 3 years with every child. All mothers can decide to take 2, 3 or 4 years of maternity leave. It is also possible for the fathers to take the leave instead of the mothers but it is not common. For the whole period mothers are supported by the state. Similar model is also used in Austria where mothers can choose between 1 and 3 years. Also in Slovakia, standard duration of parental leave is 3 years, for handicapped child it is up to 6 years. State pays support 256 Euros per month for the first 2 years of age of the child. After this period it is 164.22 Euros per month.

Sweden is one country which provides generous parental leave: all working parents are entitled to 16 months paid leave per child, the cost being shared between employer and the state. To encourage greater paternal involvement in child-rearing, a minimum of 2 months out of the 16 is required to be used by the "minority" parent, in practice usually the father, and some Swedish political parties on the political left argue for legislation to oblige families to divide the 16 months equally between both parents.[4] Norway also has similarly generous leave. In Estonia mothers are entitled to 18 months of paid leave, starting up to 70 days before due date. Fathers are entitled to paid leave starting from the third month after birth (paid leave is however available to only one parent at a time).

In the UK, all female employees are entitled to 52 weeks of maternity (or adoption) leave, 39 weeks of which is paid, rising to 52 weeks paid from April 2010, with the first six weeks paid at 90% of full pay and the remainder at a fixed rate. Most employers offer a more generous policy. Annual leave continues to accrue throughout the maternity leave period. A spouse or partner of the woman (including same-sex relationships) may request a two week paid (at a fixed rate) paternity leave.[5] Both the mother and her partner can additionally request non-paid parental leave, which can be for up to 4 weeks annually, with a current limit of 13 weeks.[6]

Country Paid maternity leave Paid maternity (% of annual) Paid paternity leave Unpaid maternity leave Unpaid paternity leave Restrictions
Albania 1 year 80% before birth and 150 days, 50% for the rest 62%
Austria 16 weeks 100% 31% between 1 and 3 years depending on chosen payment ( percentage of last income for one year; ca. €436/month for three years)
Belarus 126 days 100% 35%
Belgium 15 weeks 82% for 30 days, 75%* thereafter 77% 10 day (3 days are compulsory)[1] 7 days but 82% paid out by health insurance fund
Bulgaria 1 year 100%; 2nd year at min salary 130% father or a grandparent can take the maternity leave instead of the mother 6 months to be used until the child turns 8 6 months to be used until the child turns 8
Cyprus 16 weeks 75% 23%
Czech Republic 28 weeks (6-8 weeks before birth) ~70%; & parental leave up to 2/3/4 years of age of the child (approx. 633/422/211$ a month). Can be taken by either of the parents or by both at the same time (but only one will receive the monetary support). 38%
Denmark 52 weeks. 18 to be taken by the mother, 2 weeks by the father, the rest as they see fit. 100% 2 weeks of the 52 weeks paid leave is reserved for the father.
Estonia 140 days (100%), 154 days in the case of multiple birth or medical complications[7] 38% 14 days, expires after 6 months after child's birth 3 years
Finland 105 days 80%, followed by share of 158 days with father 58% 18 days, can share 158 days with mother after maternity leave Until child turns 3 Until child turns 3
France 16 weeks (100%) rising to 26 weeks (100%) for third child 31% 3 days + 11 consecutive days Share of 104 weeks (2 years) with father Share of 104 weeks (2 years) with mother
Germany 14 weeks (100%) 6 before birth, 12/14 months (67%, but not more than 1.800 Euro/month) (14 only for single mothers) 84% 12/14 months (67%, but not more than 1.800 Euro/month) (14 only for single fathers) Share of 156 weeks (3 years) with father Share of 156 weeks (3 years) with mother Must have private health insurance for part of paid leave, rest of paid leave paid by employer
Greece 119 days 100% 33%
Hungary 24 weeks 100% 46% Five days
Iceland 90 days 80% (based on total salary over a 12 month period ending 6 months before the birth). Max. monthly payment for 2008: Íkr535,700 (around €4,500, $6,500 at exchange rates in August 2008); min. monthly payment for 2008: Íkr103,869 (around €870, $1,250)

+ 90 days to be shared freely between the parents[8]

39% As for the mother 13 weeks 13 weeks Parents must have been working for a period of 6 months prior to taking the leave. Parental leave can be taken at any time during the first 18 months of the baby's life.
Ireland 26 weeks (6½ months) 50% 0 16 (4 months) weeks that can be shared with father 16 (4 months) weeks that can be shared with mother
Italy 22 weeks (5 months) (80%) 2 before birth 34% 13 weeks (3 months) (80%) Maximum 26 weeks (6 months) (total for both parents maximum 44 weeks (10 months)) Maximum 30 weeks (7 months) (total for both parents maximum 44 weeks (10 months)) For paid leave, job contract must include social contributions (INPS)
Latvia 112 days, 100% 31% 10 calendar days
Liechtenstein 8 weeks 80% 12%
Lithuania 52 weeks 100% + 52 weeks 85% (either mother or father can take it or take the leave in shifts) 185% 1 month
Luxembourg 16 weeks 100% 31%
Malta 16 weeks 100% 31%
Netherlands 16 weeks 100% 31% 2 days 100% 26 weeks 26 weeks Unpaid leave for children under 8. For unpaid leave you have to have worked for an employer for over 1 year. The government gives all parents that use unpaid parental leave, through tax breaks, 50% of the national minimum wage. Employers have the possibility to provide a payment on their own discretion. Payment for parental leave can also be set at the collective labour agreements.
Norway 56 weeks (13 months) (80%) or 46 weeks (10.5 months) (100%) - mother must take at least 3 weeks immediately before birth and 6 weeks immediately after birth, father must take at least 10 weeks - the rest can be shared between mother and father. 86% 10 weeks of the 56/46 weeks paid leave is reserved for the father. If he does not take these 10 weeks, they will be lost as they can not be transferred to the mother. The mother can also take an extra full year of unpaid leave after the paid period ends. The father can also take an extra full year of unpaid leave after the paid period ends. In addition, the father is entitled to take two weeks unpaid leave directly before or after birth (many fathers are paid for these weeks by their employers). To gain the right to paid leave for herself and the father, the mother must have worked for 6 of the last 10 months before birth, or the leave is unpaid (except for a lump sum benefit from the government)
Poland 16–18 weeks 100% 35% 7 days 100% (14 days since 2011) up to 3 years, may be splitted
Portugal 120 days 100% or 150 days 80% 33% 15 days 100% Five days plus two weeks. Of the maternity leave, 6 weeks is compulsory. The father may take the rest of the time the mother would have been entitled to.
Romania 126 days (42 compulsory to be taken after birth) paid 85% + 85%, but not lower than 600 RON and not more than 4000 RON, until the baby reaches 2 years of age (3 for a disabilitated baby). 29% Five days plus 10 more days if the father has taken a child care course (these 10 days are given only once, so not for every child). All 15 days must be taken within the first 8 weeks since the birth of the baby. Must have worked 12 months in the previous year.
Russia 140-194 days (before birth: 70 days, or 84 days if multiple pregnancy; after birth: 70 days, or 86 days in case of complications, or 110 days if multiple birth)[9] 100%;

followed by: up to 18 months after birth - 1,500-6,000 RUB for the first child, 3,000-6,000 RUB for any subsequent child, but not exceeding 100%[10] (could be shared with father, grandparents, guardians or actual caregivers of the child).

53% following the after-birth portion of maternity leave, up to 18 months after birth - 1,500-6,000 RUB a month for the first child, 3,000-6,000 RUB a month for any subsequent child, but not exceeding 100% (could be shared with father, grandparents, guardians or actual caregivers of the child) up to 18 months (1.5–3 years after birth), could be shared with father, grandparents, guardians or actual caregivers of the child up to 18 months (1.5–3 years after birth), could be shared with mother, grandparents, guardians or actual caregivers of the child
Slovenia 12 months 100% 100% 11 days
Spain 16 weeks 100% 31% 15 days (in the next years 30 days), independently of the mother. Up to 15 days of the mother's leave can be taken by the father (if the father takes all 15 days, the mother only has 97 days to take off instead of the full 4 weeks (112 days)) Up to 3 years. 2,500 € for every baby. 100 €/month for mother that worked. No free public day-care center from 0 to 3 years old infants. ABOLISHED FROM 1st JANUARY 2011.
Sweden 480 days (16 months) (62.08% (80% of 80% of 97%) up to a ceiling the first 390 days, 90 days at flat rate) - shared with father (dedicated 60 days) 82% 480 days (16 months) (62.08% (80% of 80% of 97%) up to a ceiling the first 390 days, 90 days at flat rate) - shared with mother (dedicated 60 days) + 10 working days in connection with the child's birth The first 18 months (at maximum) individually, by postponing the shared paid period. The first 18 months (at maximum) individually, by postponing the shared paid period.
Switzerland 16 weeks (100%), 8 weeks mandatory 31% None None None Pregnant women can't be fired
Turkey 16 weeks 66.7% 21% Three days paternity leave in the public sector 6 months
Ukraine 126 days 100% 35%
United Kingdom Currently 39 weeks paid, due to rise to 52 weeks paid from April 2010, although delayed indefinitely[11] (6 weeks at 90% of full pay and remainder at a flat rate (as of 2009 = £123.06) or 90% of your salary if that is less than the flat rate). This is the statutory minimum; most employers often provide more generous arrangements. 67% 2 weeks at a fixed amount (as of March 2009 = £123.06)

4 weeks per year (non-paid and a max of 13 weeks) via a Parental leave request if they have at least one year's continuous employment

13 weeks unpaid(maternity or adoption) for total a of 52 weeks (paid and non-paid)

4 weeks per year (non-paid and a max of 13 weeks) via a Parental leave request if they have at least one year's continuous employment

None. Though note that a spouse or partner can request up to 4 weeks non-paid Parental leave annually (max 13 weeks) if they have at least one year's continuous employment The person requesting Maternity/Adoption or Paternity leave person must have worked for their current employer for at least 26 weeks before the 15th week before the due date (and received a salary that is higher than a fixed minimum). They must give the employer notice before the 15th week before the child is due.

Americas

In 2000, parental leave was greatly expanded in Canada from 10 weeks to 35 weeks divided as desired between two parents. This is in addition to 15 weeks maternity leave. In most situations, a combination of maternity and parental benefits can be received up to a combined maximum of 50 weeks. In Canada maternity and parental leave is paid for by the Employment Insurance system.[12]

Country Paid maternity leave Paid paternity leave Unpaid maternity leave Unpaid paternity leave Restrictions
Antigua/Barbuda 13 weeks 60%
Argentina 90 days 100% Two days
Aruba 12 weeks 100%
Bahamas 13 weeks 60% One week family-related leave Paid maternity leave may only be taken once every 36 months
Barbados 12 weeks 100%
Belize 12 weeks 80%
Bolivia 12 weeks 100% of national min. wage + 70% of wages above min. wage
Brazil 120 days 100%, salary partially tax-deductible for employers 5 days (Article 10, Paragraph 1, of Temporary Constitutional Provisions Act of Brazilian Constitution)[3]
Canada 55% up to $447/week for 50 weeks (15 weeks maternity + 35 weeks parental leave shared with father)[13] 55% up to $447/week for 35 weeks parental leave (shared with mother)[14] 2 weeks

Quebec, 70% up to $834.61/week for 25 weeks, then 55% up to $655.76/week for 25 weeks. As with the federal plan, there are 32 weeks of parental leave that can be shared with father. In addition, fathers are eligible for 5 weeks paid leave at a rate of up to 70% of their income or 3 weeks paid leave at a rate of 75% of their income.

Chile 18 weeks 100% (with a cup) Article 66 indicates 1 day paid; Law N° 20.047 (2005) increased paternity leave to 4 days paid leave. (edward gonzalez-acosta, The New School)
Colombia 12 weeks 100% Law 755 (2002) appended a paragraph to Article 236 of the Labor Code to indicate that fathers have a leave of 4–8 days. (edward gonzalez-acosta, The New School)
Costa Rica 4 months 100%
Cuba 18 weeks 100%
Dominica 12 weeks 60%
Dominican Republic 12 weeks 100%
Ecuador 12 weeks 100%
El Salvador 12 weeks 75%
Grenada 3 months 100% (2 months), 60% for 3rd month
Guatemala 84 days 100% Two days at birth of child
Guyana 13 weeks 70%
Haiti 12 weeks 100% for 6 weeks
Honduras 10 weeks 100% for 84 days
Jamaica 12 weeks 100% for 8 weeks
Mexico 12 weeks 100%
Nicaragua 12 weeks 60%
Panama 14 weeks 100%
Paraguay 12 weeks 50% for 9 weeks Two days
Peru 90 days 100%
Saint Lucia 3 months 65%
Trinidad/Tobago 13 weeks 60%-100%
United States 0 weeks 0 weeks 12 weeks 12 weeks To be covered under FMLA (Family Medical Leave Act):
Must work for a covered employer (all public agencies; private companies with 50 or more employees within 75 miles.)
Must have worked for covered employer for at least 12 months prior, and at least 1250 hours in previous 12 months. Other restrictions apply.
Uruguay 12 weeks 100% Three days paternity leave for civil servants
Venezuela 18 weeks 100%

Africa

Country Paid maternity leave Paid paternity leave Unpaid maternity leave Unpaid paternity leave Restrictions
Algeria 14 weeks 100% 3 days
Angola 3 months 100%
Benin 14 weeks 100%
Botswana 12 weeks 25%
Burkina Faso 14 weeks 100%
Burundi 12 weeks 50%
Cameroon 14 weeks 100% Up to 10 days paid leave for family events concerning workers' home
Central African Republic 14 weeks 50%
Chad 14 weeks 50% Up to 10 days paid leave for family events concerning workers' home
Comoros 14 weeks 100%
Congo 15 weeks 100%
Cote d'Ivoire 14 weeks 100% Up to 10 days paid leave for family events concerning workers' home
Democratic Republic of the Congo 14 weeks 67%
Djibouti 14 weeks 50% (100% for public employees) 10 days family-related leave
Egypt 90 days (approx. 13 weeks) 100%
Equatorial Guinea 12 weeks 75%
Eritrea 60 days unknown
Ethiopia 90 days (approx. 12 weeks) 100% Five days of unpaid leave in the event of exceptional or serious events
Gabon 14 weeks 100% Up to 10 days paid leave for family events concerning workers' home
The Gambia 12 weeks 100%
Ghana 12 weeks 100%
Guinea 14 weeks 100%
Guinea-Bissau 60 days (approx. 8.5 weeks) 100%
Kenya 2 months 100% 2 weeks
Lesotho 12 weeks unknown
Libya 90 days (approx. 13 weeks) 50%
Madagascar 14 weeks 100% 10 days of unpaid leave for family events
Mali 14 weeks 100%
Mauritania 14 weeks 100%
Mauritius 12 weeks 100%
Morocco 14 weeks 100%
Mozambique 60 days (approx. 8.5 weeks) 100%
Namibia 12 weeks Social Security - 70% / Employee - 30%
Niger 14 weeks 50%
Nigeria 12 weeks 50%
Rwanda 12 weeks 67% Two days
Sao Tome/Principe 60 days (approx. 8.5 weeks) 100% 10 days
Senegal 14 weeks 100%
Seychelles 14 weeks flat rate for 10 weeks Four days of paid leave for "compassionate reasons"
Somalia 14 weeks 50%
South Africa 4 months Up to 60% dependent on income Three days paid family responsibility leave
Sudan 8 weeks 100%
Swaziland 12 weeks
Togo 14 weeks 100% Up to ten days of paid leave for "family events directly related to home"
Tunisia 30 days (approx. 4 weeks) 67% 1 day (private sector), 2 days (public sector)
Uganda 60 working days (approx. 8.5 weeks) 100% 4 working days 100%
United Republic of Tanzania 12 weeks 100% 5 days fully paid paternity leave Paid maternity leave may only be taken once every 36 months
Zambia 12 weeks 100%
Zimbabwe 90 days (approx. 12 weeks) 100%

Asia/Pacific

Australia will be introducing an 18 week paid maternity leave scheme starting in 2011. It is to be publicly funded, and to provide the federal minimum wage (currently AUS $543.78 a week) rather than a percentage of the primary caregiver's salary. It will not be available to families wherein the primary caregiver has an annual salary above $150,000.[15]

Country Paid maternity leave Paid paternity leave Unpaid maternity leave Unpaid paternity leave Restrictions
Afghanistan 90 days 100%
Azerbaijan 126 days 100%
Australia From January 1, 2011, 18 weeks at federal minimum wage is provided. From January 1, 2011, 18 weeks at federal minimum wage is provided. Up to 52 weeks unpaid shared with father. Up to 1 week unpaid taken at time of birth. Up to an additional 51 weeks if not taken at the same time as the mother, and for the purposes of providing primary care. Employer has right to refuse. The 52 weeks are shared between the parents, and all leave must be completed before the child's first birthday.
Bahrain 45 days 100%
Bangladesh 16 weeks (8 weeks before delivery and 8 weeks after delivery) 100% In case of third (+) time mom, who has two or more babies alive already.
Cambodia 90 days 50% 10 days special leave for family events
China 90 days 100%
Fiji 84 days Flat rate
Hong Kong 10 weeks 100%
India 12 weeks 100% Does not apply to the state of Jammu and Kashmir.[16] Prohibits employers from allowing women to work within six weeks of giving birth.[17] A female employee is eligible only if she worked for the employer at least 80 days during the 12-month period preceding the date of expected delivery.[18] In the case of a stillbirth or miscarriage, six weeks of paid leave is required instead.[18] Female employees of the Central Government of India receive 180 days of leave.[19]
Indonesia 3 months 100% Two days' paid when wife gives birth
Iran 90 days 66.7% for 16 weeks
Iraq 62 days 100%
Israel 14 weeks 100%. The weeks from 6th to 14th can be taken by the father. Can take the paid leave instead of the mother starting from the 6th week (up to 14 weeks) 1 year
Japan 14 weeks 60% 1 year 1 year When parents take turns, the total period may be extended 2 months (but no longer than 1 year for each parent). [20]
Jordan 10 weeks 100%
Korea, Republic of 90 days 100% 1 year (400US$ per a month paid by Employment Insurance)until the child is 3 years old 1 year (400US$ per a month paid by Employment Insurance)until the child is 3 years old
Kuwait 70 days 100%
Lao People's Democratic Republic 3 months 70%
Lebanon 7 weeks 100%
Malaysia 60 days 100%
Mongolia 120 days 70%
Myanmar 12 weeks 66.7% Six days of "casual leave" that can be used by fathers to assist their spouses at the time of confinement
Nepal 52 days 100%
New Zealand 14 weeks @ up to NZ$407.36/week 38 weeks Fathers can share unpaid (extended) leave with the mother of the child.
Pakistan 12 weeks 100%
Papua New Guinea 12 weeks 0%
Philippines 60 days 100% Seven days paid paternity leave for married workers
Qatar 50 days 100% for civil servants
Saudi Arabia 10 weeks 50% or 100% One day
Singapore 16 weeks 100% Leave is restricted to married women whose children are Singapore citizens (at least one parent is a Singapore citizen)
Solomon Islands 12 weeks 25%
Sri Lanka 12 weeks 100%
Syrian Arab Republic 50 days 70%
Thailand 90 days 100% for 45 days then 50% for 45 days
United Arab Emirates 3 months 100%
Vietnam 4–6 months 100%
Yemen 60 days 100%

International organizations

As international organizations are not subject to the legislation of any country, they have their own internal legislation on parental leave.

Organization Paid maternity leave Paid paternity leave Unpaid maternity leave Unpaid paternity leave Restrictions
United Nations[21] 16 weeks 100% (however, no fewer than 10 weeks must be after delivery, even if the pre-delivery leave was longer due to a late birth) 4 weeks 100% (or 8 weeks for staff members serving at locations where they are not allowed to live with their family) The fact that a staff member is or will be on parental leave cannot be a factor in deciding contract renewal. To ensure that this is enforced, if a contract ends while the staff member is on parental leave, the contract must be extended to cover the duration of such leave.

See also

Notes

  1. ^ a b Department of Business Enterprise & Regulation (2007)(ed.): Internal Review of Leave Policies and Related Research 2007, in: Employment Relations Research Series No. 80, p. 96, URL: http://www.berr.gov.uk/files/file40677.pdf
  2. ^ The paternal leave rights are compiled from the International Labour Organization site at http://www.ilo.org/public/english/protection/condtrav/family/reconcilwf/specialleave.htm copyrighted 2006. This site does not list the amount paid for paid leave. Where information from the International Labour Organization disagreed with http://ec.europa.eu/eures/home.jsp?lang=en, the EU site has been given precedence
  3. ^ Updated September 2008, from http://unstats.un.org/unsd/demographic/products/indwm/ww2005/tab5c.htm
  4. ^ Information on Swedish parental leave from http://www.forsakringskassan.se/
  5. ^ "Paternity leave and pay: UK Directgov". Retrieved 2009-06-15.
  6. ^ "Parental leave: Directgov UK". Retrieved 2009-06-15.
  7. ^ [1], accessed 06-22-2007.
  8. ^ Information on Icelandic parental leave from http://www.althingi.is/lagas/132a/2000095.html
  9. ^ [2]
  10. ^ http://www.buhgalteria.ru/page/4045
  11. ^ http://www.lge.gov.uk/lge/core/page.do?pageId=119649#contents-2010-4
  12. ^ Service Canada Employment Insurance (EI) and maternity, parental and sickness benefits
  13. ^ Service Canada
  14. ^ Service Canada
  15. ^ "Budget 2009-10: Expense Measures", http://www.budget.gov.au/2009-10/content/bp2/html/bp2_expense-13.htm, Australian Government
  16. ^ Maternity Benefits Act, 1961. Section 1. VakilNo1. 12 December 1961.
  17. ^ Maternity Benefits Act, 1961. Section 4. VakilNo1. 12 December 1961.
  18. ^ a b Lotiya, Palak. "Maternity benefits – A mode of dignifying motherhood". Paycheck.in. Indian Institute of Management.
  19. ^ "Recommendations of the Sixth Central Pay Commission relating to enhancement of the quantum of Maternity Leave and introduction of Child Care Leave in respect of Central Government employees". Department of Personnel & Training. Ministry of Personnel, Public Grievances & Pensions. Government of India. 11 September 2008.
  20. ^ http://www.mhlw.go.jp/english/policy/affairs/dl/05.pdf
  21. ^ "UN legislation on maternity and paternity leave".
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