Maternity protection: Compliance with international labour standards (2024)

What do these indicators tell us?

These indicators provide information on national policies for legal entitlement to maternity protection, including leave from work during pregnancy and after birth, as well breastfeeding entitlements after return to work.

Since the International Labour Organization (ILO) was founded in 1919, international labour standards have been established to provide maternity protection for women workers. The ILO Maternity Protection Convention, 2000 (No. 183) represents the minimum standards, whereas the accompanying ILO Maternity Protection Recommendation, 2000 (No. 191) encourages additional measures. Key elements of maternity protection include:

  • Maternity leave duration: The mother's right to a period of rest in relation to childbirth is a crucial means of safeguarding health and nutrition of the mother and her child. Convention No. 183 states that maternity leave should not be less than 14 weeks, while Recommendation No. 191 suggests that maternity leave be at least 18 weeks.
  • Amount of maternity leave cash benefits: The right to cash benefits during absence for maternity leave is intended to ensure that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living. Maternity leave cash benefits aim to replace a portion of the income lost due to the interruption of the woman's economic activities, giving practical effect to the provision for leave. Convention No. 183 states that cash benefits should not be less than two-thirds of the woman's earnings prior to taking leave, while Recommendation No. 191 encourages raising the benefits to the full amount of previous earnings.
  • Source of maternity leave cash benefits: The source of benefits is important due to potential discrimination in the labour market if employers have to bear the full costs. Convention No. 183 stipulates that cash benefits shall be provided through compulsory social insurance or public funds, and that individual employers shall not be liable for maternity leave benefits without that employer's specific agreement.
  • Breastfeeding breaks and breastfeeding facilities: The right to continue breastfeeding a child after returning to work is important since duration of leave entitlements generally is shorter than the WHO recommended duration of exclusive and continued breastfeeding. Convention No. 183 states that women shall have the right to one or more daily breaks or a daily reduction of hours of work for breastfeeding, which is to be counted as working time and remunerated accordingly. Recommendation No. 191 states that where practicable, provision should be made for the establishment of facilities for nursing under adequate hygienic conditions at or near the workplace.

A composite indicator on maternity protection is included as a policy environment and capacity indicator in the core set of indicators for the Global Nutrition Monitoring Framework. It currently uses the ILO classification of compliance with Convention 183 on three key provisions (leave duration, remuneration and source of cash benefits), but an alternative method taking into account higher standards as stated in Recommendation 191 as well as breastfeeding entitlements is under development.

How are they defined?

The ILO periodically publishes information on the above key indicators, including an assessment of compliance with Convention No. 183, as part of the TRAVAIL Database of Conditions of Work and Employment Laws, and the NATLEX Database of National Labour, Social Security and Related Human Rights Legislation. The legislative data are collected by the ILO through periodical reviews of national labour and social security legislation, and secondary sources, such as the International Social Security Association and International Network on Leave Policies and Research, as well as consultations with ILO experts in regional and national ILO offices worldwide.

Maternity protection is a composite indicator that is included in the Global Nutrition Monitoring Framework; it is currently defined as whether the country has maternity protection laws or regulations in place that are compliant with the provisions for leave duration, remuneration and source of cash benefits in Convention No. 183. However, an alternative method is under development, which may use a scale to indicate the degree of compliance. This method will also take into account the higher standards for leave duration and remuneration in Recommendation No. 191, as well as the breastfeeding entitlements within both the Convention and Recommendation. Meanwhile, the data displayed are from the 2019 WHO&UNICEF Global breastfeeding scorecard. The indicator was calculated based on three aspects of Convention No. 183 and Recommendation No. 191: length of maternity leave, amount of previous earnings paid during leave, and source of funding.

What are the consequences and implications?

Pregnancy and maternity are potentially vulnerable time for working women and their families. Expectant and nursing mothers require special protection to prevent any potential adverse effects for them and their infants. They need adequate time to give birth, to recover from delivery process, and to nurse their children. At the same time, they also require income security and protection to ensure that they will not suffer from income loss or lose their job because of pregnancy or maternity leave. Such protection not only ensures a woman's equal access and right to employment, it also ensures economic sustainability for the well-being of the family. Returning to work after maternity leave has been identified as a significant cause for never starting breastfeeding, early cessation of breastfeeding and lack of exclusive breastfeeding. In most low- and middle-income countries, paid maternity leave is limited to formal sector employment or is not always provided in practice. The ILO estimates that more than 800 million women lack economic security around childbirth with adverse effects on the health, nutrition and well-being of mothers and their children.

Source of data

WHO, UNICEF. Increasing commitment to breastfeeding through funding and improved policies and programmes: Global breastfeeding scorecard 2019. (https://www.who.int/nutrition/publications/infantfeeding/global-bf-scorecard-2019/en/).

ILO. Working conditions laws database. Maternity protection database (http://www.ilo.org/dyn/travail/travmain.home).

Further reading

ILO. Maternity and paternity at work: law and practice across the world. Geneva: International Labour Organization; 2014 (http://www.ilo.ch/global/topics/equality-and-discrimination/maternity-protection/publications/maternity-paternity-at-work-2014/lang--en/index.htm).

ILO. Maternity cash benefits for workers in the informal economy. Social protection for all issue brief. Geneva: International Labour Organization; November 2016 (http://www.social-protection.org/gimi/gess/RessourcePDF.action?ressource.ressourceId=54094).

ILO. World Social Protection Report. Universal social protection to achieve the Sustainable Development Goals. Geneva: International Labour Organization; 2017 (https://www.ilo.org/global/publications/books/WCMS_604882/lang--en/index.htm).

Rollins N, Bhandari N, Hajeebhoy N, Horton S, Lutter C, Martines J et al. Why invest, and what it will take toimprove breastfeeding practices? Lancet. 2016;387:491–504.

WHO, UNICEF. Global Nutrition Monitoring Framework: operational guidance for tracking progress in meeting targets for 2025. Geneva: World Health Organization; 2017 (http://www.who.int/nutrition/publications/operational-guidance-GNMF-indicators/en/).

WHO. Global reference list of 100 core health indicators (plus health-related SDGs). Geneva: World Health Organization; 2018 (https://www.who.int/healthinfo/indicators/2018/en/).

Maternity protection: Compliance with international labour standards (2024)

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