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Rwanda Parliament passes new law on maternity, sick leave

Friday August 09 2013
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The debates on maternity and paternity leave and public employees’ benefits were finally put to rest, as outgoing legislators passed a bill establishing the general statutes for the public service commission.

Members of the Chamber of Deputies held the last session of their five-year term on Monday, ahead of the parliamentary elections slated for September 16.

The long-awaited bill strikes a balance for both employees and employers, ending agitation from the public on issues related to parenting and sick leave.

Earlier, members of the public had expressed dissatisfaction over the short maternity leave, and provisions which did not favour employees who have been on long sick leave.

Although many women had wanted the government to allow them at least six months maternity leave, including the days before delivery, the law now grants them a leave of 12 consecutive weeks, including at least two weeks before delivery.

READ: Government plans to reduce maternity leave from 12 to six weeks

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The MPs decided to maintain the paternity leave of four days, saying longer leave would harm the country’s economy as it heads into a middle income nation.

“We realised that too much of the labour force would be wasted by allowing both parents to overstay their leave, considering the speed at which this country is transforming economically,” said Esperance Bwiza the chairman of a parliamentary committee in charge of social affairs.

Members of the public say a mother needs more time with her newborn, as the three-month period for maternity leave is too short for her to know how her child behaves.

“Just around the time you have started to connect with the child, that is when you have to return to work, and in many circumstances mothers will resume work before three months are over to avoid the salary cut,” said Solange Nyinawamwiza, mother of a six-month-old boy.

Provision

The new law provides that an employee who gives birth shall be entitled to her full salary during the first six weeks of maternity leave.

However, “she may return to work during the last six weeks of maternity leave and be entitled to her full salary, failing which she only gets 20 per cent of her salary,” reads the law.

In the same law MPs resolved to pay wages for more days for public staff who have been on sick leave for more than three months, following complaints of unfairness and inhumane conditions for employees who did not recover in the first three months.

According to MP Giovani Renzaho, the previous law did not favour employees who were sick for a longer period, although some were injured while doing hazardous work.

“If a person went on sick leave because of an accident caused at work, and suffered for longer than three months, aren’t we adding insult to injury by denying him his salary that would help quicken his recovery?” Mr Renzaho posed.

Contrary to earlier provisions in the previous law, an employee will now be paid two-thirds of his salary in the following three months, a clause that was inserted after massive pressure by the lawmakers on the government.

The government had insisted on a salary for just the first three months of sick leave.

However, according to the new law, an employee’s contract shall automatically be terminated on grounds of failure to resume his duties after a granted long-term sick leave.

The law states that when sick leave exceeds 15 days, and is ascertained by a committee composed of three recognised medical doctors, the public service employee shall be granted a long-term sick leave of six months and notification will be made to the Commission.

The long awaited bill that took legislators almost an entire day, is said to have been such a weighty docket, the outgoing MPs could not bequest it to the yet-to-be voted members of lower chamber of the parliament.