parental leave

The complainant worked as a Reservations Manager at the Raging Thunder Pty where both respondents, Cole and Ariel, were directors. The complainant became pregnant and went on maternity leave in agreement with the directors that she would return to the company at the same position after her maternity leave. Closer to the date when the complainant was about to return back from her maternity leave, she contacted Mr. Cole and discussed the possibility of returning on a part-time basis, but Mr. Cole informed her it was not possible for a managerial position to be part-time.

The Employment Act establishes the rights and obligations of employers and employees in The Bahamas, specifically related to hours of work, overtime, leave, redundancy payments, notice of termination, summary and unfair dismissal, child labor, and wages. This Act prohibits workplace discrimination on the basis of sex, among other criteria, and requires employers to provide equal pay for substantially similar work.

In this case, the High Court reviewed claims regarding the termination of a woman's employment as a secretary. Her employment was terminated on November 30, 2021, with the employer citing economic hardship. The woman claimed that her termination was related to her pregnancy, and that the employer had failed to provide the full statutory period of maternity leave.

The Gender Equality and Women’s Empowerment Act of 2022 prohibits gender discrimination in the workplace, supports increased participation in decision-making, training, and access to financial institutions in Sierra Leone. Part III, Section 4(5) requires a paid maternity leave of at least 14 weeks for women. Part III, Section 5 of the Act also includes a goal to increase participation by women in the government to at least 30%.

KKO 2017:4, Supreme Court (2017)

An issue in KKO 2017:4 was whether the employer had discriminated against an employee due to her pregnancy, childbirth, or other factors relating to her gender. This stemmed from the employer hiring new employees during A’s maternity leave and not offering such additional work for A. In this case, A had worked part-time when the employer entered into an apprenticeship with someone not previously employed by the employer.

The Labour Act was originally enacted in 2007 and was repealed and replaced with the modernized Labour Act of 2023. The Act regulates employment relationships in The Gambia, prohibits gender-based discrimination in the workplace, and ensures parental leave benefits. The Act also prohibits the requirement of night work for pregnant individuals and new mothers, unless they explicitly consent to the work.

The law governs rights associated with labor. The law grants women the right to a 60-day paid maternity leave. In contrast, fathers receive a one-day paternity leave on the day immediately following the birth of the child. The law also provides that mothers have the right to up to 30 absences from work per year in order to care for minor children who are either sick or have suffered an accident.

Law 1468 of June 30, 2011 whereby articles 236, 239, 57, 58 of the Substantive Labor Code are modified.

This law modified articles 236, 239, 57, and 58 of the Labor Code, among other provisions to establish special labor protections for pregnant and lactating women in Colombia. The law prohibits the dismissal of pregnant or lactating women without cause and without prior permission of a labor inspector. It also grants women the right to receive their regular salary during a 14-week maternity leave.

Pregnant employees are prohibited from working during the eight-week period prior to giving birth and the eight-week period after giving birth. During this period, the mother is entitled to receive maternity pay, which is calculated as the employee’s average earnings during the three calendar months prior to the prohibition of work. After the prohibition period, women may take an additional period of parental leave (Karenz) until the child reaches the age of two.

Roberts began working for the North End Veterinary Clinic in 1972. Dudley purchased the clinic in 1991, and Roberts continued to work there. In February of 1993, Roberts went on an unpaid maternity leave. In May of that same year, Dudley discharged Roberts from the clinic, citing slow business. The following year, Dudley re-advertised the position. Roberts applied for the position, but Dudley denied her re-employment. Roberts claimed that the reason given for her discharge (i.e., an economic slowdown) was pretextual, whereas the real reason for her discharge was due to her pregnancy.