Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 103) sur la protection de la maternité (révisée), 1952 - Bahamas (Ratification: 2001)

Autre commentaire sur C103

Observation

2015
2008

Demande directe

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The Committee notes the report received in November 2014 containing a reply to its previous comments and asks the Government to provide additional information on the following points:

Article 3(1) of the Convention. Entitlement to maternity leave. Section 17(3) of the Employment Act of 2000 provides that in order to qualify for a grant of maternity leave, a female employee: (a) must have been employed for at least 12 months by the employer from whom she requests such leave; and (b) is not entitled to maternity pay with the same employer more than once in every three years. As the Convention does not allow any such limitations, the Committee requests the Government to bring section 17(3) of the Employment Act into conformity with the Convention by removing the two abovementioned conditions.

Article 3(3). Compulsory postnatal leave. The Committee notes that the period of maternity leave established by section 18(1) of the Employment Act can be modified where the employee so desires. It requests the Government to ensure that, in accordance with this provision of the Convention, a part of the maternity leave of no less than six weeks, which is compulsory, shall be taken after childbirth in all circumstances.

Article 4(1) and (3). Medical benefits. Please specify whether the health services guaranteed under Act No. 3 of 2007 on the national health insurance scheme include hospitalization and provide a copy of any regulations adopted to apply paragraph 1(d) of section 15 of the said Act, concerning the cost-sharing by insured persons in the cost of medical care.

Article 5. Interruptions of work for nursing. Recalling that, in accordance with this provision of the Convention, the nursing breaks have to be prescribed by national laws or regulations or by collective agreements, the Committee requests the Government to complete the Employment Act with a provision prescribing the conditions of interruptions of work for the purpose of nursing (duration, remuneration, frequency, etc.) which are counted as working hours and remunerated accordingly.

Article 6. Protection against dismissal during maternity leave. The Committee notes that section 21(1)(b) of the Employment Act provides for protection against dismissal in case of maternity, including during the period of leave. However, while this protection covers a longer period than envisaged by the Convention, it is not applicable under section 21(2)(a) where the woman has committed serious default or gross negligence amounting to abandonment of duty. The Committee recalls in this respect that the Convention does not authorize the dismissal of a woman worker on any grounds during maternity leave, even in certain special or exceptional circumstances considered by law to constitute a legitimate ground for dismissal. Accordingly, the Committee hopes that the Government will be able to re-examine the situation and take the necessary measures to ensure that the protection set out in subsection 1(b) of section 21 is not affected by subsection 2(a).