New rules to benefit mothers and fathers

The bill was enacted on the eve of Women’s Day, August 13. Law 2024-44 of August 12, 2024, on maternity and paternity leave in the public service and in the public and private sectors, provides substantial new advantages for mothers and fathers who are state agents or employees in the private sector.

The following are the main provisions

Maternity leave: The mother is entitled to maternity leave of up to fifteen (15) days during the last month of pregnancy and is entitled to full salary and leave compensation as a civil servant and public sector employee.

Postpartum leave: The mother is entitled to three (3) months of maternity leave with full pay for civil servants and public sector employees and compensated maternity leave in the private sector. This leave must be extended to four (4) months in the case of twin or multiple births or if the child is born with a disability, premature birth or congenital malformation requiring medical intervention and care.

If the baby is stillborn, the mother can enjoy one month of maternity leave, civil servants and public sector employees can enjoy full pay maternity leave, while the private sector can enjoy maternity leave compensation.

Maternity leave can be combined with annual leave.

For Fathers: Fathers are entitled to seven (7) days of fully paid paternity leave, which may be increased to ten (10) days in the case of twin or multiple births and if the child is born with a disability, premature birth or congenital malformation requiring medical intervention and care.

The father is also entitled to three (3) days of leave at full pay if the mother delivers a stillborn baby.

Paternity leave is granted within thirty (30) days from the date of confinement.

The mother can benefit immediately upon her request at the end of the maternity leave and immediately after the end of the maternity leave.
The duration of maternity leave ranges from one to four (4) months with approval from the executive or employer, with half pay for civil servants and public sector employees and maternity leave compensation in the private sector.

During maternity and paternity leave, both the mother and the father are considered to be working and, under current law, they each retain all rights to advancement, promotion and retirement.

breast-feeding: At the mother’s request, a one-hour breastfeeding break is granted at the beginning or end of work, provided that the working hours are not less than four hours. If the work is divided into two periods, the person concerned is entitled to two one-hour breaks at the beginning or end of each period, provided that the total working hours per day are at least seven hours.

Mothers who do not take maternity leave are entitled to nine months of breastfeeding leave from the date they return to work.

Mothers who have taken maternity leave are entitled to breastfeeding leave from the time they return to work until the end of one full year from the date of childbirth.

Pre-natal leave, post-natal leave and maternity leave compensation in the private sector are calculated in accordance with current legislation.

It is prohibited to discipline or dismiss women for reasons related to pregnancy, childbirth or breastfeeding during their pregnancy or the leave period prescribed by this Law.

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