Is the 60-day maternity leave a blessing or a curse?

Aug 08, 2008

SIXTY days of maternity leave sounded like a dream. Finally, someone had heard the cry of a career woman, the plea of a new mother. It didn’t really matter that it was just an additional fortnight or so. When the law was passed, all we cared about, was it would no longer be just 45 days of materni

By Carol Natukunda

SIXTY days of maternity leave sounded like a dream. Finally, someone had heard the cry of a career woman, the plea of a new mother. It didn’t really matter that it was just an additional fortnight or so. When the law was passed, all we cared about, was it would no longer be just 45 days of maternity leave, but a whole 60 working days - fully paid! And this excluded the annual leave.

Two years down the road, however, there are silent tales of worry - the 60-day maternity leave is secretly working against us.

One woman recently wrote an anonymous letter to The New Vision, worried that her sister, who had just delivered, was likely to lose her job if she did not return to work as soon as possible.

“Her boss says it should be 60 calendar days, not working days; that she is expected back at work,” read the letter published on June 11.

She is not the only one. Sharon learnt the hard way.

The 28-year-old secretary was excited about being a first-time mother. She planned to take her 21 days annual leave and 60 days of maternity before returning to work. Just a week to delivery, she applied for leave, only to discover that she was not entitled to maternity leave, because she was a casual employee.

“I had to choose between leave and my job. So I took my annual leave, in which I had my baby, and returned to work,” Sharon says, looking away. Sadly, it was hard to concentrate on her job. So she resigned.

“I couldn’t bear it; I was so confused and depressed. My baby frequently had flu, but my boss couldn’t understand,” says Sharon, who now runs a fruit stall in Nakasero market. So are the 60 days a double-edged sword? There are stories that some employers are leaning toward the male candidate, the much younger female graduate who does not intend to give birth soon, or the middle-aged woman who already has kids.

On the other hand, the eager, yet veteran spinster with a searching or engagement ring on her finger could be easily left out, because she is likely to give birth, which “costs” the company.

One woman was asked during an interview if she planned to have children. Others have been questioned in a less direct way.

Speaking on condition of anonymity, some executive directors say they have no choice.

“There are women who give birth every year. Who would want to employ someone who will frequently be away on maternity leave? We have targets to meet,” says a director in a communications consultancy.

However, this is not to say all is lost. Kathy Ssempebwa, a human resources professional, says it’s working out for a lot of women.

“You can never feel you are ready to go back to work,” she says, adding, “But those 15 extra days come in handy. they make a difference and by the time you go back to work, you feel ‘yeah at least I can try and work.’”

Teopista Ssentogo, a workers’ legislator who advocated the law since the 1990s is also happy.

“It wasn’t easy convincing the men in the House that a pregnant woman needed provisions to protect her,” she says.

“The essence is that a woman who has given birth is able to work conveniently. She looks after the child and is able to breastfeed for at least three months.”

Ssentongo asserts that a woman who is a performer at her workplace and knows her rights, should not be worried about job security.

“You have a right to give birth and a right to work. The law doesn’t distinguish between a casual and a permanent employee. Whether in the private or public sector, you are all workers and if the employer is discriminating you, report them and the law will take its course,” Ssentongo advises.

Mwesigwa Rukutana, the labour state minister, agrees. “If an employer flouts the law on maternity leave, they have committed a crime. I encourage women to speak out.”

Many high profile companies have guidelines on when one can start her maternity leave. Some firms have stand-in workers, or ask colleagues to sit in temporarily, such that the company does not suddenly grapple to fill the gap while the new mother is on leave. Others allow employees to accumulate as many public holidays and annual leave days to add to their maternity leave.

At The New Vision for instance, one can choose to take 60 days of maternity leave continuously or 45 working days. In the latter category, the remaining 15 days are converted to where the employee works for four hours a day (either morning or afternoon shifts) for a further 30 working days.

The maternity leave commences from the 34th week of pregnancy. An employer on probation is also entitled to maternity leave and serves the remainder of her probation when she returns to work.

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