An employee shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by him or her without that employer’s specific agreement” except in cases where national law or practice provides for other provisions. Below is a brief description of how the law relates to the subject in Sri Lanka.To bring meaning to events such as the women’s day, celebrated world-wide including Sri Lanka, should not done for the sake of customs or to show off the fact we care for women’s issues.
As with other matters the women’s day too at the conclusion is forgotten, here in Sri Lanka. Organisations that are supposed to fight women’s issues should do more on such issues as maternity leave problems faced by women at work.
One of the issues taken for discussion is the matter of double standards women face according to the place they are attached to. Women in government service get the best deal of all; while the private sector follows close behind but the government owned business’ do not follow the norms along the same lines.
These discrepancies should not be there at all because whether it is the government, semi-government or private sector, the women who bear children go through the same difficulties during and immediately following the birth of their children.
This is an issue that should be taken up in the same context like the one they took up on the women workers leaving for foreign employment, having children under the ages of five. And it should have happened that day itself, on the World’s Women’s Day. But, it’s never too late to make it right, and give every woman the same rights to go through their maternity days and the days following without discrepancy.
Laws in Sri Lanka
Even countries like the USA who had an almost negative approach toward the issue have improved standards and the following makes it clear. ‘The picture did improve in 1993 with the passage of the Family and Medical Leave Act (FMLA), which entitles most workers to up to 12 weeks of job-protected medical leave for birth or adoption. However, the FMLA doesn't cover those who work for smaller companies and guarantees only unpaid leaves.’
This is how the International Labour Organisation (ILO) talks of maternity rights of women. On maternity benefits, the new instrument says that “cash benefits shall be provided, in accordance with national laws and regulations or in any other manner consistent with national practice, to women who are absent from work on leave.”
The cash benefits should be provided “at a level which ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living.”
In order to protect the situation of women in the labour market, benefits in respect of the leave shall “be provided through compulsory social insurance funds or public funds, or in a manner to be determined by national law and practice. An employee shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by him or her without that employer’s specific agreement” except in cases where national law or practice provides for other provisions. Below is a brief description of how the law relates to the subject in Sri Lanka.
Maternity Leave and Benefits
The ILO sets the guidelines to follow in maternity or childbirth, and Sri Lanka private sector has the best deal. They who follow the Shop and Office act get for the births of the 1st and 2nd children 2 weeks prior to the confinement and 84 working days afterwards. Since the law stipulates working days any non working day automatically remains outside the 12 weeks.
The companies following the Estate and Industrial ordinance get only the 2 weeks prior and 70 days after birth for the 1st child and for the 2nd they are allowed 2 weeks prior and 4 weeks after.
The government services gets in addition to the 84 days (12 weeks) ½ days leave each day for 3 months and 3 months with no pay.
But the corporations and boards have been allowed to follow anything between the private sector and the government service, eventually some boards and cooperation members are forced to lose out due to decision taken not favouring their workers, even when the laws were changed recently. All decisions so made have to be given notice of to the labour department by circular.
On employment protection “ It shall be unlawful for an employer to terminate the employment of a woman during her pregnancy or absence on leave or during a period following her return to work to be prescribed by national law or regulations, except on the grounds unrelated to the pregnancy or birth of the child and its consequences for nursing.”
The ILO makes it very clear of its view on the job security of women employed and in need of aid. Although they leave it to respective agencies to work according to laws of the country, or on agreed terms with the employers, it is evident that for a country as small as Sri Lanka, the conditions offered to the private sector, government and semi-government employees differing clearly, indicates double standards.
The private sector may offer conditions more favourable to employers and it cannot be equated to the offers given to semi or fully governmental employees. Those considered government employed could become semi government very easily and has happened in some cases already. Those are the grievances of these employees.
In Sri Lanka breast milk has been considered by doctors as an essential part of an infant’s growth and has advised local mothers to feed them on breast milk until they are 6 months of age. The health department has accepted this position too, but can these be changed by circulars of various boards. How can one be discriminative on these issues with double standards? One part of the government gets it the other part or half part (semi-government) does not because they are not in the same category, is the law an ass.
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