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Government, employers and employees should strike a balance to increase maternity leave to six months

Julian Mugova
SECTION 65 (7) of the Constitution states:- “Women employees have a right to fully paid maternity leave for a period of at least three months” and section 18 (1) of the Labour Act states:- “Unless more favourable conditions have otherwise been provided for in any employment contract or in any enactment, maternity leave shall be granted in terms of this section for a period of 98 days on full pay to a female employee who has served for at least one year.”

While statute has amended the provision of paid maternity leave to also apply to expectant mothers who have served less than one year in a given organisation, what are the chances that more favourable conditions will be provided for in one’s employment contract? Put differently, how many times have we heard of paid maternity leave for a longer period than the stipulated 98 days, unless the additional leave stems from accrued annual leave days?

It is most peculiar, in fact sad, that maternity leave is presently calculated at 98 days for a working mother, whereas the Ministry of Health and Child Care recommends that babies be exclusively breastfed for a period of six months, which is a reasonable period for exclusive breastfeeding in this nation because thereafter, the baby is able to tolerate supplementary foods.

One cannot help but wonder where the balance can be struck, that is, the three months stipulated by the labour laws, compared to the six months of exclusive breastfeeding recommended by the Ministry of Health.

Would it not be more suitable for the legislators to look into amending the law by aligning the Labour Act with the Ministry of Health’s recommendation of exclusive breastfeeding for six months? In other words, should the Labour Act not be amended to grant paid maternity leave of at least six months in order to cater for, support, and encourage exclusive breastfeeding for six months?

Gynaecologist and Obstetrician, Dr Makosa describes her personal experience in respect of the three month maternity leave as “. . . one of the most painful periods of my life . . . I can only imagine that he went into survival mode due to the unpredictable nature of my job . . . It was one of my lowest points as a mother. I felt I had let our son down and thought maybe I should have taken unpaid leave to at least get him to six months, but that’s not a viable choice for most mothers . . .” and the effects on her son as follows: “. . . He cried so much when I introduced formula at three months . . . before then; he had just been on breast milk. The most heart-wrenching part was when he quit breast milk at just four months. He now preferred the formula to my milk . . .”

The whole ordeal had a negative impact on both her and her infant son (at the time) to the extent that it left her concerned about the fact that the bonding process with her son would be affected; and in that stead, ignited her support for a review of legislation with regard to the length of time afforded mothers on maternity leave.

Lamentations 4:4 which states: “The tongue of the sucking child cleaveth to the roof of his mouth for thirst . . ” gives some insight into the probable effect of the absence of breastfeeding on a baby, as the same can only but be imagined.

One might argue that exclusive breastfeeding can be successfully done by working mothers by way of expressing milk for the baby. However, it has been found that expressing may not always produce sufficient amounts of breast milk for the baby while the mother is away at work, as was the case with Dr Makosa for example. Further, it has also been found in some instances, that expressing milk can be a painful process on the part of the mother concerned.

While the above addresses cases particular to breastfeeding, there are however, medical conditions which make breastfeeding unsafe for babies, and in such cases, it would be ideal for the babies concerned to be afforded alternative means of feeding. Nonetheless, where no medical condition preventing breastfeeding exists, breast milk is best, and the longer, the better; not to mention all the health benefits that come with longer breastfeeding.

Unpaid leave, as an alternative to lengthening maternity leave may not always be an option, as there are still several financial obligations to be met by the working mothers in addition to buying diapers, and or, formula for the baby, among other expenses.

One is mindful of the possibility that extended maternity leave may prejudice child-bearing women in employment, to the extent that they may be discriminated against. While no widely reported local research appears to have been conducted to show the financial cost of maternity leave to the nation, a practical and mutually beneficial balance can be struck between the employers, employees, and the Government in respect of lengthened maternity leave, by giving employers related incentives.

For example, if the government created a maternity insurance fund, and gave rebates to organisations which gave their employees paid maternity leave of at least six months, such an incentive would go a long way in reviewing the paid maternity leave period without the financial issues arising.

As the law stands, maternity leave is set at a maimum of 98 days unless more favourable conditions are agreed to by the Employer and Employee. An amendment aligning the Constitution, the Labour laws, and the recommendation by the Ministry of Health will go a long way in contributing positively to society with a view to ensuring that maternal care is supported.