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close this bookMaternity Protection at Work: Revision of the Maternity Protection Convention (ILO, 1997, 122 p.)
close this folder3. Maternity leave
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1 Article 1.

2 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breast-feeding, in Official Journal of the European Communities, (Brussels, 28 November 1992), Vol. 35, No. L348, pp. 1-7. Article 2 of the Directive defines the pregnant worker as “a pregnant worker who informs her employer of her condition, in accordance with national legislation and/or national practice”.

3 Government reply to request for information by the Office in 1997.

4 Office fral des assurances sociales (OFAS): Assurance maternitMessage, Documents relating to the decision of the Conseil fral of 25 June 1997 (30 June 1997).

5 S. Prechal and L. Senden: Implementation of Directive 92/85 (Pregnant workers), Special Report 1995 of the Network of Experts on the Implementation of the Equality Directives, document No. V/1717/96-EN (Brussels, European Commission, October 1996).

6 Regulation of Wages (Building and Construction Industry) Order 1994, Legal Notice No. 70, dated 1 March 1994 in: Kenya Gazette. No. 11. Supplement, 4 March 1994. pp. 506-521.

7 “Maternity arrangements ‘95: Part I”, in Equal. Opportunities Review (London, September/October 1995).

8 Up to 28.5 weeks after 20 years of service, which obviously reduces the scope in practice. OFAS, op. cit.

9 Code des obligations, section 324a (2) and (3).

10 ILO: “Maternity Protection”, in the Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part IV), International Labour Conference, 49th Session (Geneva, 1965), pp. 179-289.

11 GB.219/SC/2/2.

12 The limit of 16 weeks reached or exceeded in 27 of the 152 countries examined appears to be an objective that is hard to surpass.

13 P. Cabanes: Maternitt travail. Report submitted to the Minister of Labour and Participation and to the Secretary of State for Women’s Employment (Paris, April 1979).

14 OFAS. op. cit.

15 P. Moss: Labour Market Trends: Parental employment in the European Union. 1985-1993 (London, December 1996).

16 See: Leave arrangements for workers with children: A review of leave arrangements in the Member States of the European Union and Austria. Finland, Norway and Sweden, document No. V/773/94-EN (Brussels, January 1994).

17 C. Paoli: “Women workers and maternity: Some examples from Western Europe”, in International Labour Review (Geneva, ILO), Vol. 121. No. 1, 1982, pp. 1-16.

18 Ministry of Labour: Equality at work. June 1996.

19 In France, the report on “Maternitt travail” of 1979, already cited, recommended an extension of prenatal leave.