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Maternity Protection Convention Recommendation 1952 劳动保健 法律 政策法规
R191 Maternity Protection Recommendation, 2000
R191 Maternity Protection
Recommendation, 2000
Recommendation concerning the revision of the Maternity Protection
Recommendation, 1952
Recommendation:R191
Place:Geneva
Session of the Conference:88
Date of adoption:15:06:2000
Subject classification: Maternity Benefit
Subject classification: Maternity Protection
Subject: Maternity Protection
Status: Up-to-date instrument This Recommendation was adopted after 1985 and is
considered up to date.
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:
(a) care given in a doctor's office, at home or in a hospital or other medical
establishment by a general practitioner or a specialist;
(b) maternity care given by a qualified midwife or by another maternity service
at home or in a hospital or other medical establishment;
(c) maintenance in a hospital or other medical establishment;
(d) any necessary pharmaceutical and medical supplies, examinations and tests
prescribed by a medical practitioner or other qualified person; and
(e) 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.
Health protection
6.(1)Members should take measures to ensure assessment of any workplace risks
related to the safety and health of the pregnant or nursing woman and her child.
The results of the assessment should be made available to the woman concerned.
(2)In any of the situations referred to in Article 3 of the Convention or where
a significant risk has been identified under subparagraph (1) above, measures
should be taken to provide, on the basis of a medical certificate as
appropriate, an alternative to such work in the form of:
(a) elimination of risk;
(b) an adaptation of her conditions of work;
(c) a transfer to another post, without loss of pay, when such an adaptation is
not feasible; or
(d) paid leave, in accordance with national laws, regulations or practice, when
such a transfer is not feasible.
(3)Measures referred to in subparagraph (2) should in particular be taken in
respect of:
(a) arduous work involving the manual lifting, carrying, pushing or pulling of
loads;
(b) work involving exposure to biological, chemical or physical agents which
represent a reproductive health hazard;
(c) work requiring special equilibrium;
(d) work involving physical strain due to prolonged periods of sitting or
standing, to extreme temperatures, or to vibration.
(4)A pregnant or nursing woman should not be obliged to do night work if a
medical certificate declares such work to be incompatible with her pregnancy or
nursing.
(5)The woman should retain the right to return to her job or an equivalent job
as soon as it is safe for her to do so.
(6)A woman should be allowed to leave her workplace, if necessary, after
notifying her employer, for the purpose of undergoing medical examinations
relating to her pregnancy.
Breastfeeding mothers
7.On production of a medical certificate or other appropriate certification as
determined by national law and practice, the frequency and length of nursing
breaks should be adapted to particular needs.
8.Where practicable and with the agreement of the employer and the woman
concerned, it should be possible to combine the time allotted for daily nursing
breaks to allow a reduction of hours of work at the beginning or at the end of
the working day.
9.Where practicable, provision should be made for the establishment of
facilities for nursing under adequate hygienic conditions at or near the
workplace.
Related types of leave
10.(1)In the case of the death of the mother before the expiry of postnatal
leave, the employed father of the child should be entitled to take leave of a
duration equal to the unexpired portion of the postnatal maternity leave.
(2)In the case of sickness or hospitalization of the mother after childbirth and
before the expiry of postnatal leave, and where the mother cannot look after the
child, the employed father of the child should be entitled to leave of a
duration equal to the unexpired portion of the postnatal maternity leave, in
accordance with national law and practice, to look after the child.
(3)The employed mother or the employed father of the child should be entitled to
parental leave during a period following the expiry of maternity leave.
(4)The period during which parental leave might be granted, the length of the
leave and other modalities, including the payment of parental benefits and the
use and distribution of parental leave between the employed parents, should be
determined by national laws or regulations or in any manner consistent with
national practice.
(5)Where national law and practice provide for adoption, adoptive parents should
have access to the system of protection offered by the Convention, especially
regarding leave, benefits and employment protection.
更多阅读：Maternity Protection Convention 1919
Maternity Protection Convention 1952
Maternity Protection Convention 2000
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