CMNT_TITLE

Maternity Protection Convention, 2000 (No. 183) - Latvia (RATIFICATION: 2009)

Other comments on C183

Observation

Direct Request

2011

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Article 6(1) of the Convention. Provision of cash benefits to the woman concerned. The Committee notes from the Government’s first report, that according to section 6 of the Law on Maternity and Sickness Insurance, maternity benefits during maternity leave are not paid to the mother when: (a) she has relinquished the care and raising of her child in accordance with the procedures specified in regulations; (b) she cannot care for her child during a period of up to 42 days after birth due to sickness, injury or other health-related reasons; or (c) she abandoned her child. In these cases the maternity benefit is transmitted to the father or other carer who takes care of the child at home for the days the mother was unable to care for her child. The Committee recalls that, in accordance with Article 6(1) of the Convention, cash benefits during compulsory leave are intended to maintain the woman’s income during the period necessary for restoring or improving her health and are not made conditional upon caring for the child. They should be paid out to the mother throughout maternity leave even if the child is abandoned or dies and are not transmissible to the father or other carer for the period of sickness of the mother. In the light of these explanations, the Committee requests the Government to assess the compatibility of the abovementioned provisions of section 6 of the Law with the requirements of Article 6(1) of the Convention read together with its Article 4(4) and advise on the steps to ensure conformity with the Convention’s obligations.

Article 6(3). Level of cash benefits. The Government’s report refers to temporary measures imposing restrictions on social insurance benefits as of 3 November 2010 until 31 December 2012, in the context of the economic crisis in Latvia (articles 11 and 12 of the Law on Payment of State Allowances during the time period from 2009 to 2012, dated 17 September 2009, as amended), which result in maternity benefits for women with higher incomes that are less than two-thirds of their previous earnings. The Government shall evaluate the restrictions twice a year and submit a report to the Parliament regarding the retention of these restrictions and, if necessary, a draft law on the partial or complete revocation of restrictions (article 9 of the Law). The Committee notes the intended temporary nature of these legal measures taken due to the economic situation in Latvia. Recalling that, under this provision of the Convention, maternity benefits shall not be less than two-thirds of previous earnings or of such of those earnings taken into account for the purpose of computing benefits, the Committee requests the Government to keep it informed on further developments concerning the revocation of the restrictions imposed on cash maternity benefits provided under the Law on Maternity and Sickness Insurance.

Article 6(7). Medical benefits. The report states that women up to 42 days after the birth of their child shall be exempted from paying a financial contribution when health care concerns the consequences of pregnancy (article 10(2) of Cabinet Regulation No. 1046 on the Procedures for Health Care Organization and Financing of 19 December 2006). In Latvia, the maximum duration of maternity leave is 140 days and the average duration of post-natal leave taken in 2011 is 55.85 days. Recalling that medical benefits should be provided free of charge during the whole period of post-natal leave, the Committee requests the Government to explain whether women who, due to the consequences of delivery, require medical care beyond the 42 days after delivery, are compelled to pay a financial contribution to the cost of this care.