Women workers and maternity

Employment rights have changed considerably from the days when it was automatically expected that once married a woman would stop working outside the home. Even if she maintained her employment, a pregnancy generally signified immediate resignation, because it was not socially acceptable for it to be otherwise.

Social norms and economic restraints have altered all this radically and today many women, whether married or single mothers, very often choose to stay in employment throughout pregnancy and beyond. Without going into the merits of whether this is right or wrong, one has to accept it as a social situation which is flourishing.

Different legislation has seen to these changing personal and social needs and moved on accordingly. However, speaking to women about this matter still shows that many are somewhat unsure of what their rights as pregnant mothers are and consequently end up making erroneous decisions which damage their career and subsequently their financial situation.

Dr Roberta Lepre is a gender liaison officer at the National Commission for the Promotion of Equality working with an EU-funded project entitled "Gender Mainstreaming - The Way Forward."

The Commission itself works towards bridging gender differences by promoting infrastructural changes. In a bid to help employers reconsider gender issues, it assists by advocating a change in work practices to support people with care responsibilities whether these be men or women.

"Care responsibilities are not shouldered only by women, although this seems to be the common misconception. Care is not required solely by babies and young children, but also by older children who succumb to illness, ailing partners, elderly parents, etc. This basic care and the domestic tasks related to it must be shouldered by whoever becomes 'responsible' and 'the carer'."

First and foremost it is important to stress that a pregnant employee is protected by the law and while pregnant she cannot be sacked or forced to resign. She has a right to remain in employment and is supported by rights which are stipulated by law.

Namely that a pregnant woman has the right to attend ante-natal examinations or medical appointments even during job hours and is entitled to time off without loss of pay or any other benefit.

The employer on the other hand has the right to ask for the relevant documentation indicating appointment times or proof of the actual attendance for such examinations.

With regards to her job, her employer is bound by law to gauge any health risks to which the pregnant or breast-feeding woman is exposed to and change her tasks accordingly, in order to ensure her safety and that of her child.

Measures taken must be satisfactory according to the Occupational Health and Safety Authority (OHSA). If the health risks are serious enough to call for a change in tasks, the employee has the right to be given alternative ones.

Once the pregnancy and breast-feeding period is over or the health risks are no longer deemed existent, she has the right to be re-instated in her previous position without consequences to her career.

What happens when the health hazard cannot be removed completely? Special maternity leave stipulations do exist, so it is always wise to ask for advice from the Commission about this. This is a paid-for period of not longer than eight weeks.

Then there is maternity leave. Many people know that a woman is entitled both to maternity and parental leave, but there seems to be great confusion on specific details. Dr Lepre explains. "Every pregnant woman is to be allowed maternity leave. The law indicates that employees who work a 40-hour week are entitled to a minimum of 14 weeks of maternity leave, 13 weeks of which are totally paid, and one week which is unpaid. Women who work 20 hours and over get a pro-rata entitlement. These are minimum entitlements and may differ according to individual contracts or collective agreements. However they can only be increased and not decreased."

Maternity leave can be taken for a period of 14 weeks - four weeks must be taken before the birth, and six weeks must be taken after. The remaining balance of days may be taken according to specific needs. Whichever option is taken, the employer must be informed of these decisions so that arrangements can be made accordingly.

"It is important to stress here that a woman who is pregnant is entitled to these rights whether she is a part-timer, a full-timer or working reduced hours. It is also necessary for women to be aware that they cannot be discriminated against because they are pregnant, or because they are sick during the pregnancy, just as they cannot be forced to miss a promotion, cannot be sacked or threatened with loss of a job because of their condition. And a woman cannot be denied the right to apply for a job or be considered for one because of pregnancy."

Most people have several serious misconceptions linked to parental leave entitlement. For one thing it is important to point out that parental leave is given to both women and men.

Rebecca*, a young factory employee, wishes to have a child but says: "I will have to return to working full-time factory hours once the baby is three months old. Who will care for my child then and how can I leave a three-month old baby? I will have to leave my job!"

Dr Lepre said: "This is a common mistake people make because they are misinformed. Although parental leave is unpaid, it is a right each parent has and he or she can make use of this leave entitlement up until their child is eight years old. Parents are entitled to six months of parental leave between them, although individual leave allowance is not transferable. The three months need not be taken at one go but can be staggered according to individual needs."

So, for instance, an agreement can be reached with the employer whereby a full-time employee who normally works eight hours daily, five days a week, can opt to work five hours a day to total 25 hours a week. In this way the employee can work on a part-time basis for about eight months. She could make arrangements to have half-day baby-sitting assistance and be with her child for the rest of the day without losing her job. Incidentally if she divides this caring period with her partner, she may be able to work more hours every day, without jeopardising commitments.

For unexpected occurrences there is also the option of utilising what is known as Urgent Family Leave, which allows 15 hours of time off work (pro rata) in the case of urgent family matters.

"Women are being encouraged to offer the option of telework whereby they continue to carry out part of their tasks at home, thereby not creating undue pressure on their employer's resources. We also promote reduced hours and career breaks as valid options," Dr Lepre added.

What if an agreement is not reached between employer and employee? Reports of job discriminations, missed promotions, forced resignations and the threat of redundancy are ever present but the Equality Act for Men and Women, up and running since 2003, should put paid to such dangers and the setting up of the Commission is seeing to this.

"Employers seem to be unaware of the fact that training a new employee because a pregnant employee is forced to resign, means losing out on time, expertise and money in the long run. On the other hand, many women do not take action against such measures because of a general lack of empowerment or lack of knowledge of their basic rights."

Dr Lepre indicates a basic outline of the procedures taken up by the Commission whenever an employee lodges a report. "Usually people approach our offices with questions, then if they decide they want to go through with their complaint against an employer, they are helped fill a form which will allow the Commission to initiate investigations.

Following this, we assess the case in question and try to find a solution. There are a number of options. Either the case is referred to the courts or to the industrial tribunal or else we opt for mediation, which is always the best solution."

What happens if a woman finds out she's pregnant during her probation period? "During the probation period any employee can be dismissed without the employer being obliged to give a reason for the dismissal. So if the employee reveals her pregnancy early on, she may well lose her job at such an early stage."

It all boils down to the individual employer's point of view on the matter and the nature of the job in question. However it can be a somewhat risky predicament. The employee should gauge the length of her probation and weigh her options carefully in the circumstances before taking a decision.

While laws seem technically fine on paper, there still appears to be a wide chasm between the written law and the applied law. Needless to say, there is still a lot to be done to help women cope with employment and motherhood and mothers' rights are tantamount in this evolving world if we are to keep encouraging them to maintain their stronghold both within the family and further afield.

Marika_Azzopardi@hotmail.com.