In Bangladesh, a country where 50.8% of the population is female, maternity leave is an essential right. It is crucial for working mothers to know the benefits they can access under Bangladeshi law. Similarly, employers are responsible to make workplaces inclusive for female participation.
The Bangladesh Labour Act allows female workers 6 months paid leave, besides health and work benefits. This, however, only applies to specific industries. Moreover, the proper execution of maternity leave policies presents a big obstacle in Bangladesh. This emphasizes the need for more accountability and stricter regulation.
What Is Maternity Leave?
Maternity leave is a mother’s time off from work before and after the birth of her child. The purpose of maternity leave is to allow women physical recovery following pregnancy and childbirth. Additionally, it enables mothers to nurture and build a bond with their newborns.
Alongside, it enables new mothers to stay focused on breastfeeding. This is essential for infant nourishment and health. Maternity leave is also associated with fewer risks of postpartum depression. It is a serious mental condition impacting both mothers and offspring. Proper rest and enough help throughout this period can help combat it.
In Bangladesh, the percentage of women entering the workforce has significantly increased in the last 20 years. Hence, the notion of maternity leave is an important concern.
What Are the Current Maternity Leave Rules in Bangladesh?
In Bangladesh, the current maternity leave policy is governed by the Bangladesh Labour Act (BLA) 2006, with amendments being made in 2012, 2018 and 2023.
Duration of Maternity Leave
The Bangladesh Parliament authorized changes to the Bangladesh Labour Act on November 2, 2023. This aligns with the International Labor Organization. Thus, a standard maternity leave of 6 months was established in Bangladesh. Bangladeshi workers can now use the full duration of maternity leave before and after childbirth. The previous practice consisted of splitting the period between the two phases.
Before, the 6 month was only applicable to government employees. In 2012, the Ministry of Education ordered private educational schools to give 6-month maternity leave. It was implemented immediately. In the same year, Bangladesh Bank and other financial institutions also made maternity leave 6 months long.
Yet, maternity leave in certain sectors, specifically, the RMG sector, is 4 months. Moreover, specific references to the informal sector are not mentioned under Bangladeshi law.
Eligibility for Maternity Leave
According to Section 46 of the BLA, three requirements must be met to be eligible for maternity leave. Eligibility criteria for maternity leave is the same for both government and private sector workers.
- Pregnant female workers must be employed by the respective company for a minimum of 6 months before the day of delivery.
- Female workers will not be eligible for maternity benefits if they have two or more children during the time of pregnancy.
- Female workers must show medical proof of pregnancy to their respective employers.
What Are the Maternity Leave Provisions Under Bangladesh Labour Law?
The Bangladesh Labour Act 2006 establishes certain maternity leave provisions. Female employees, depending on the industry, must be granted 120-180 days of paid maternity leave.
Some important changes were made in the Bangladesh Labour Act 2018 to improve maternity provisions. Employers were strictly forbidden from firing employees on maternity leave. Penalties were imposed for violations.
The amended law clarified that maternity benefits are to be paid within 3 days of the necessary paperwork being submitted. Special labor tribunals were also set up to handle disputes about maternity leave.
Maternity Leave Policies in Labour Law
Bangladesh’s labour laws offer many maternity leave policies to protect working mothers. They are outlined below.
Conditions and Eligibility Criteria
- Female workers must be employed by their current companies for at least 6 months to be eligible for maternity leave.
- Female employees must have less than two surviving children to be eligible for maternity leave.
- Both temporary and permanent workers can get maternity leave if they meet the minimum service rule.
- If an employee satisfies all legal requirements, maternity leave cannot be denied.
- The employee must notify the employer of pregnancy within the allotted time.
Procedure to Apply for Maternity Leave
Detailed steps to apply for maternity leave in Bangladesh are provided below.
- Submit a written application to the employer. Include expected delivery date and preferred start date of leave in the application.
- Submit medical documentation of pregnancy from a licensed doctor to the employer.
- Submit the application at least 8 weeks before the expected delivery date.
- Employers must provide confirmation of the receival of application.
- If authorized, employers must provide an official letter confirming the leave duration and terms of payment.
Maternity Benefits in Labour Law
An overview of the main maternity benefits in Bangladesh is enlisted below.
- Female employees in Bangladesh get paid leave for the whole maternity leave period.
- Female employees can get medical benefits such as birth costs, prenatal and postnatal services.
- Mothers have the right to nursing breaks after returning to work. This is so they can tend to their babies.
Employers in Bangladesh also have certain obligations about maternity benefits. Below is a list. If these are violated, employers may be prone to legal penalties.
- Employers cannot fire pregnant workers because of pregnancy or maternity leave.
- Secure Workplace – Employers must offer pregnant workers appropriate working conditions. This can include dismissing tasks which pose risks to the mother and her unborn child.
- Employers cannot assign pregnant workers to hard tasks or night shifts.
Employers must let eligible workers use their full maternity leave without harming their job status.
Government Employee-specific Maternity Leave Policies?
In Bangladesh, government employees get better maternity benefits than private sector workers. Female government employees are eligible for 6 months of paid leave. This leave can be taken twice in their career during which they can access full salary and benefits.
Also, some government maternity policies offer flexible working hours. They also provide daycare facilities and shield employees from transfers or demotions.
Female government employees must submit an application to their department head to apply for maternity leave. They should also include medical proof and expected delivery date.
How Is Maternity Benefit Calculated in Bangladesh?
As per Section 48 of the BLA, maternity benefits must be paid in cash. These payments can be the average pay for each day, week or month. Calculations for maternity benefits in Bangladesh follow the below formula:
Average Daily Income = Total Income of the Last 3 months Before Notice/ Total Days Worked in the Last 3 Months Before Notice
Assume a Bangladeshi employee eligible for maternity benefits earned 60,000 BDT in the three months before her notice. During this time, her actual days worked were 60 days. Hence, she would make an average of 1000 BDT everyday. For the 180-day leave period, this amount would be used to calculate her maternity benefit.
How Can HR and Payroll Software Simplify Maternity Benefit Calculation?
Management of maternity benefits requires timely updates, proper documents and recording of data. Keeping track of all these can be time consuming. It can also lead to serious errors in calculation. To prevent such risks and inconveniences, HR and payroll software can be beneficial. Using automated HR software, HR personnel can easily keep track of employee work days, eligibility and documentation. Maternity benefits can be calculated without errors. Female workers will also have quicker approvals and processing for maternity leave.
PiHR, an emerging HR management system in Bangladesh can be quite helpful for this. Its easy features and automatic processes make managing maternity benefits simple and efficient.
How Is Maternity Benefit Taxed in Bangladesh?
Maternity benefits are tax-free in Bangladesh. This means that they are not subject to income tax. Bangladesh’s tax regulations treat maternity benefits as welfare payments, not taxable income.
What Is the Process for Maternity Leave Application in Bangladesh?
The process for maternity leave application in Bangladesh has careful steps and documentation.
Application Procedure
To apply for maternity leave in Bangladesh, the worker must be eligible for maternity leave as per BLA.
- The worker must submit a medical document confirming her pregnancy.
- The worker must let her employer know that she expects to go on leave within 8 weeks, either in writing or verbally.
- The worker can choose someone to collect her maternity benefits, in the event of her death.
What Is the Maternity Leave Application Format?
For convenience, female employees in Bangladesh should refer to a standard maternity leave application format.
What Happens if Maternity Leave Is Denied?
If maternity leave is denied in Bangladesh, employees can pursue legal action. This can be via court or submitting an official complaint with the Department of Labour. Employers may be subject to fines or other legal actions for denying maternity leave, as per law. But, implementation of these in Bangladesh is inconsistent.
Research finds that garment workers have limited ideas about maternity provisions in Bangladesh. Despite legislation, workers are at risk of discrimination and even job losses.
Does Maternity Leave Impact Career Growth?
The implications of maternity leave on career growth are more negative than positive. Some studies report increased recognition from coworkers. There are also reports of better working relationships, and more effective time management.
Yet, the majority of the studies revealed negative results. There is still the perception that women “use” pregnancy as an excuse to avoid working. Research indicates that they are dismissed from work requiring significant time away from home. Financial losses are also a factor here. For instance, working hours and wages may be reduced.
A study about the effect of having children on female workers was conducted by the Bangladesh Institute of Development Studies (BIDS). It revealed that the number of married mothers working non-farming jobs fell by 5%.
Final Words
Maternity leave policies in Bangladesh are an important step in protecting women’s work rights. The Bangladesh Labour Act 2006 and its amendments ensure working mothers receive full benefits such as paid leave and medical care.
Yet, complement implementation still remains difficult, particularly in informal sectors. Recently, there have been demands for 6 months maternity leave across all fields. This is a call for the removal of disparity. With policy reforms, increased awareness and stricter enforcement, more working women in Bangladesh can get greater maternity benefits. This will also have a positive impact in their career growth.
