The Parliament has finalized the draft legislation for the extension of maternity leave and the establishment of paternity leave provisions. The Labour (Amendment) Bill of 2023 was introduced by Member of Parliament, Madina, Francis-Xavier Sosu.
This Bill aims to modify section 54 of the Labour Act, stipulating that “a male worker is entitled to a period of paternity leave for a minimum of two weeks and a maximum of four weeks in addition to a period of annual leave which the man worker is entitled to, if the man worker produces a medical certificate issued by a medical practitioner or midwife indicating the expected date of the confinement of the spouse of the man.”
The provision further stipulates that a male employee is entitled to receive his full benefits and compensation that he is rightfully owed. This provision allows for the extension of paternity leave to a minimum of two weeks in cases where the spouse of the male employee undergoes a cesarean section, experiences a stillbirth, or gives birth to two or more babies during the same confinement. Additionally, a male employee who adopts a child under three months old is eligible for paternity leave.
Furthermore, Clause 2 of the Bill, which aims to amend section 57 of the Labour Act, 2003 (Act 651), replaces the term “twelve”with “seventeen to twenty-six weeks”and introduces a provision after subsection (1) that grants maternity leave to a female employee who adopts a child under three months old.
The provision also allows for an extension of maternity leave by an additional two weeks in cases of abnormal confinement, cesarean section, stillbirth, or the birth of two or more babies during the confinement.
Moreover, Clause 3 of the Bill proposes the addition of a new clause after section 57 to accommodate flexible working arrangements. This clause allows a pregnant or lactating female employee to request flexible working conditions from the employer in writing, providing the reasons for the request. The employer must respond in writing within fourteen days, either granting or denying the application.
After the completion of the draft Bill, it will be published in the gazette, presented for the first reading in the House, and then referred to the relevant committee for review. It is worth noting that Madina MP, Sosu, introduced the Bill in October 2023 and organized a stakeholders’ meeting to discuss the objectives of the Bill on Monday, March 4, 2024, at Parliament House.
Mr. Sosu stated that “the Bill forms part of efforts to achieve gender parity, and realise a free, fair, inclusive, progressive, and just society for all.”
The Member of Parliament for Madina, who also serves as the deputy Ranking member of the Constitutional, Legal, and Parliamentary Affairs Committee of Parliament, has by far introduced 17 Private Member’s Bills. These bills cover a wide range of topics, such as the death penalty, anti-witchcraft accusations, community sentencing, and the elimination of taxes on sanitary pads. Out of these, three bills have been successfully passed by Parliament, and one has received Presidential approval.