Who has a right to maternity leave?

Apr 11, 2011

MARTHA, an English teacher, was one of the most celebrated teachers her school had. Since she joined the school six years ago, English was the best done subject. She won the best teacher award five times.

By Stella Nassuna
MARTHA, an English teacher, was one of the most celebrated teachers her school had. Since she joined the school six years ago, English was the best done subject. She won the best teacher award five times.

Things were going well for Martha until she got pregnant. When she was six months pregnant, she realised that she needed time off work. But when she put in her request to the head teacher, she was told that she was not entitled to maternity leave.

“I cannot afford to keep paying you yet you are not working. If you decide to go on leave, know that you will lose your job,” the head teacher told her.

What does the law say?
Richard Mukeke, a woman activist at Oxfam International, Uganda says it is a woman’s right to have 60 days of maternity leave. He adds that the woman needs to rest from work when pregnant.

“This is the very reason why the Ugandan law saw it best to also make the man involved in helping the woman adjust to the condition by granting fathers paternity leave soon after the child is born,” he adds.
Mukeke advises women to seek help from advocacy groups when denied leave.

Vero Nakityo, a lawyer, says according to the Employment Act 2006, it is a woman‘s right to get a 60-day maternity leave from work if she is pregnant or has had a miscarriage. She adds that the woman continues to receive her salary during this time.

Nakityo explains that if the baby falls sick, the mother can extended her leave for four weeks, but adds that this must be reported to the employer within seven days.

She notes that where a woman is denied this right, she is entitled to lodge a complaint with a labour officer within six months.

She advises employees to negotiate their working terms and conditions before signing contracts, adding that this would save them from prolonged court fights.

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