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Law ‘Punishes’ Pregnant Women

Home Archived Law ‘Punishes’ Pregnant Women

By Wezi Tjaronda WINDHOEK More and more women are being forced to forgo their maternity leave for fear of losing out on benefits that accrue to them from their employers. They have rather resorted to taking their annual leave combined with sick leave, which in most cases does not allow them ample time to bond with their little ones. This not only puts expectant mothers under pressure to keep on working until they are almost due, but also leads to their small children ending up with psychological complications. An expectant mother in her ninth month, who opted not to be named, said the law as is punishes women that fall pregnant instead of assisting them to raise their newborns properly. She said it was difficult for a woman who has a house, municipal bills and school-related expenses to go on maternity leave and settle for the money paid by the Social Security Commission (SSC). “When you come back to work you find you are owing the bank thousands of money,” she said, adding that even though she was having problems to work from eight to five, she has to hold on for the sake of her children. “I was not expected to be on duty but I will only go a day before I go to deliver,” she said.” The Labour Act of 1994, which currently applies, stipulates that a female employee cannot be deprived of any rights she is entitled to, including benefits such as membership of a medical scheme or fund or a pension scheme and that they cannot be interrupted during the period of any maternity leave. It adds that the provisions of this however shall not be construed as conferring any right upon the female employee concerned to receive any remuneration during the period of her maternity leave. The Social Security Act of 1994 therefore provides for payments of such benefits, but the benefits are defined just like the contributions such that 80 percent of a person’s earnings are paid. While a person earning N$300 a month would get a maternity benefit of N$240, one earning N$3 000 would get N$2 400 a month because the contributions per month are the same regardless of differences in monthly salaries. This has forced many women to continue working to an extent that some go on leave a day before they deliver. If passed as is though, the New Labour Bill will ease the plight of women as it makes it compulsory for employers to pay the whole monthly remuneration payable to mothers on maternity leave, of which the employers can later claim the cost for basic wage from the SSC. But this provision concerning payment to mothers on maternity leave will not come into operation until the necessary amendments have been promulgated to the Social Security Act as stated by the Labour Act 2004 Schedule, Transitional Provisions. However, analysts and employer groups have expressed reservations over the amendment, which they say will not only increase the costs of employment but also the financial burden of the commission. NEPRU in its paper “Quantifying the effects of the New Labour Act” said the estimated annual increased cost to the SSC would be around N$59 million, adding that any new changes in the labour law would mean the SSC being faced with a huge bill. Although many expectant mothers choose not to go on maternity leave for financial reasons, this does not come without a price as it affects the child negatively. A psychologist told New Era yesterday a situation where a child is left with a minder in the crucial stage of bonding would leave the kid environmentally insecure and also lead to the child developing separation anxiety. “They are left at a stage when they are supposed to be attached to a love object who is the mother to provide them with love and comfort, which makes them more confident,” said Joab Mudzanapabwe, a psychologist practising in Windhoek. Due to this, some children that do not go through the bonding process with their mothers develop psychopathological complications such as low self-esteem, anxiety and poor exploration skills. He added that a lot of non-verbal communication goes on between mother and child which if absent negatively affects the child. Being a signatory to the convention against the elimination of all forms of discrimination against women, Gender Equality and Child Welfare Permanent Secretary, Sirkka Ausiku, said it was obligatory for employers to pay expectant mothers their full benefits when they are not working. “It is their right to be paid. We advocate that they be paid their full pay if possible by their institutions,” she said, adding that the situation at present forces women to go on leave very late, which if not taken seriously will end with women giving birth at their workplaces. At the moment, maternity leave benefit payments account for the majority and most popular benefit paid out by the commission. Between March and December 2006, the commission paid out maternity benefits amounting to N$16 million, which account for around 40 percent of benefit payments made by the commission. Rino Muranda, SSC Corporate Affairs Officer, said 5 625 mothers submitted maternity leave benefit claims between March and December in Windhoek. Figures for other branches were not available. Muranda could not be drawn into saying what the impact of the new Labour Bill would have as the consultations were ongoing.