Maternity and Work

Maternity Leave

Female employees are entitled to 14 weeks (98 days) of maternity leave with full pay, including 8 weeks of post-natal leave. Under the new Labour Code 2024, the maternity leave can be extended by four (4) additional weeks in case of sickness resulting from pregnancy or birth or if there is a pathology affecting the newborn. Previously, the extension was limited to three (3) weeks. A medical certificate indicating sickness must be provided to avail extended leave.

Source: § 143 of the Labour Code, Law No. 2024-014.

Income

The Labour Code provides fully paid maternity leave. Half of a worker's wage is paid by the employer, while the other half is paid by the National Social Insurance Fund (CNAPS). If a woman is not insured, the employer has to pay the total amount of the salary.

Source:§ 143 of the Labour Code, Law No. 2024-014.

Pregnancy Testing / Inquiry in Recruitment

A woman applying for employment is not required to disclose her pregnancy, except when applying for work prohibited to pregnant women or work that involves a recognised or significant risk to her health or that of the child. In such cases, a pregnancy may be medically assessed by the occupational health doctor or an approved doctor to determine whether the work presents any risk. . Although the Code does not clearly mention pregnancy testing, it prohibits direct and indirect discrimination in employment and occupation on grounds including sex and pregnancy. Employers who engage in such practices can face fines ranging from one million to four million Ariary. For repeat offences, the fine doubles, and imprisonment ranges from at least one month to six months. Source: §137-139, 146, & 356 of the Labour Code, Law No. 2024‑014

Free Medical Care

Previously, Insured women workers were reimbursed for the cost of medical care during pregnancy and childbirth, up to 5,000 Ariary. Under the New Labour Code of 2024, a pregnant worker has the right to 14 weeks of maternity leave and to have the costs of childbirth and related medical care paid by the National Social Security Fund. If the worker is not registered with the Fund, the employer must pay these costs. Source: §143 of the Labour Code, Law No. 2024-014