The government has approved a draft law establishing and governing the organization of Maternity Leave Benefits scheme. As a result, working women going on a 12-week maternity leave will be entitled to their full salary for the last six weeks of the leave.

The Maternity Leave Benefits scheme, approved by Cabinet, last year, is now operational beginning this November. According to Jonathan Gatera, Director General of Rwanda Social Security Board (RSSB), the provisions in the aforementioned law especially in article 9, "The employer declares and remits collected contributions to Social Security Administration not later than the fifteenth (15) days of the month following the month of contribution” meaning that the deadline for paying contribution by employees for the month of November will be December 15.

"We take this opportunity to inform all employers in Rwanda of this deadline and encourage them to respect the law to avoid any unnecessary consequences that may arise from the delays in declaring and remitting contributions to the scheme” Gatare

Maternity leave benefits scheme is a new social scheme, whose establishment is part of the Government of Rwanda’s commitment towards empowering Rwandan women to physically recover, care for the new born so as to give the best start in life and prevent maternity from becoming a barrier to women’s contribution to national development.

Prohibitive arrangement

Working women currently collect their full salary in the first six weeks of their maternity leave, while they have to come back to work in the second half of their leave or surrender 80 per cent of their monthly salary if they opt to stay home.

With the new maternity leave benefits regime, mothers will no longer face the hard choice of either completing 12 weeks and lose 80% of their family’s income or return to work after six weeks to keep their income.

The Social Security Administration shall pay on a monthly basis, maternity leave benefits equal to her net salary based on average remunerations declared for the last three months.

RSSB as custodian of maternity leave benefits insurance will pay six weeks of the paid leave starting from the seventh week while compensations of the first six weeks will be met by the employer.

Every employed woman who goes on maternity leave and who will have contributed to at least one month to the maternity scheme is an eligible beneficiary of the scheme.

Scope of this Law

This Law applies to all workers governed by the Law regulating labour in Rwanda regardless of nationality, type of contract, duration of the contract or the amount of wages.

It covers all employees governed by the general statutes for public service and employees governed by special statutes, political appointees, employees of international organizations, national non-governmental organizations, international non-governmental organizations, religion-based organizations and embassies accredited to Rwanda governed by the Law regulating labour in Rwanda.

Rwandan employees working for an enterprise operating in Rwanda but who have been deployed into another country in order to work for that enterprise may, upon agreement with the relevant institution of that country remain subjected to this Law provided that the period for that work does not exceed twelve (12) months.

Foreign workers who are employed by an enterprise which is located outside Rwanda but transferred to work in Rwanda, may upon authorisation by the public institution in charge of social security, remain subject to the legislative provisions of their country of origin provided that the period set for that work does not exceed twelve (12) months.

Eligibility requirements for maternity leave benefits

Maternity leave benefits are paid on the following conditions: the woman must be on maternity leave as evidenced by a prescribed form duly signed by the employer and submitted to Social Security Administration within six (6) months from the date of commencing maternity leave.

Second, the woman must have contributed to maternity leave benefits scheme for at least one (1) month preceding the month in which she starts her maternity leave;

Third, presentation of a medical certificate of delivery duly signed and stamped from a recognized health facility.

Administration and management

The maternity leave benefits scheme is administered and managed by the public institution in charge of social security.

The property of maternity leave benefits scheme is managed separately from other property managed by the public institution in charge of social security.

Registration

An employer applies for registration with the Social Security Administration within seven (7) working days following the date of employment of the first employee, using a prescribed form.

In case the employee is not yet registered with Social Security Administration, the employer requests for the registration of his/her employee by filling a prescribed form and submit it to the Social Security Administration within seven (7) days following the employment of the employee. A Ministerial Order determines modalities of the application of this provision.

Prolonged maternity leave

As provided for the law in the article 12, In case of delivery complications certified by an authorized medical doctor necessitating prolonged maternity leave, additional maternity benefits is granted but does not exceed one (1) month.

Maternity leave benefits

Maternity leave benefits are equal to the last woman’s salary to which the contribution was subscribed. Payment of maternity leave benefits commences with the seventh week of the maternity leave.

In case of death of a mother before expiry of maternity leave, the Social Security Administration continues to pay to the father or guardian of the surviving newborn the balance of maternity leave benefits that the deceased was entitled to.

Rate of the contribution

The contribution made in reference to this Law by the employer to the Social Security Administration is based on the gross salary. A Ministerial Order determines the components of the gross salary.

The contribution for maternity leave benefits is equal to zero point six percent (0.6%) of the salary to which the contribution is subscribed.

The employer and the employee each contributes zero point three percent (0.3%) of the salary to which the contribution is subscribed. The rate of the contribution may change if deemed necessary by law.

Collection of contributions

The employer is responsible for collecting the total contributions made of the employer’s contribution and the part to be deducted from the employee’s salary during the payment period.

The employer cannot deduct any money from the salary of the employee if he/she did not do so during the previous payment.

When a worker has two or more employers, each employer is responsible for collecting and remitting to the Social Security Administration due contributions calculated in proportion to the salary he/she pays to the employee. The employer pays individually his/her part of contributions. Any employment contract contrary to provisions of this Article is null and void.

Payment of taxes and contributions due by the woman on maternity leave

Except for employer’s contributions, other statutory deductions applicable to the remunerations of the employee are paid by the Social Security Administration during maternity leave insured in accordance with provisions of this Law.

Penalties for non-remittance of a contribution on time

An employer who fails to collect or remit a contribution on time pays all the arrears of the contribution without any deductions from the employee’s salary. An employer who fails to declare or to pay contributions on time pays all the arrears including, separately, administrative penalties for late payment, equal to one point five percent (1.5%) of the contribution not declared and one point five percent (1.5%) of the non-paid contribution. A Ministerial Order determines the application modalities of provisions of this Article.

Appeal procedures

According to article 18, the employer or the employee dissatisfied with the decision taken by the administration of the institution in charge of social security may request in writing to the Board of Directors of the institution in charge of social security the review of the decision within three (3) months from the date of notification of the decision.

The Board of Directors notifies its decision within three (3) months from the date of receipt of the appeal and if no decision has been taken and notified to the appellant within the time prescribed by this Article, the appeal is considered as accepted.

If the appellant is not satisfied with the decision taken by the Board of Directors, he/she may file the case to a competent court.

Employer-insurer arrangement

With the coming into force of the new law governing the maternity insurance scheme, employers will be paying full salary for the first six weeks for a working parent on maternity leave, while the last six weeks of the leave will be paid for in full salary by the insurance scheme.

The procedure of application and payment of maternity leave benefits shall be determined by an order of the minister having social security in their attributions, but the bill says that a Social Security Administration, which is the Rwanda Social Security Board, shall be paying the maternity leave benefits.

Maternity fund welcomed

The maternity fund was welcomed by many Rwandans, including leaders of private businesses and non-governmental organisations who will be depositing their employees’ contributions to the fund along with other normal contributions such as fees for the pension scheme.

The Fund comes as a huge relief to working mothers who will now be able to stay longer at home to take care of their newborn babies.

Many people are of the view that the Fund will help mothers to take a longer rest and take care of their newly born babies.

How men feel about paying insurance for services they will never use directly

This Law applies to all workers governed by the Law regulating labour in Rwanda regardless of sex, hence some men do not see why they have to pay for services they will never use directly.

Kaggwa Godfrey the proprietor of Mastep book shop in Remera says there is nothing wrong with men paying to cover maternity care and other women’s health services—even if they will never use them directly.

"We all know that men do not deliver babies but It’s also true that no baby has ever been born without a man being involved. You can think of it as a public investment, just like roads, schools, and power lines—goods for which we all help pay for regardless of actual use” says Kaggwa

Society has a vested interest in healthy babies and mothers because unhealthy babies and mothers impose a cost on everybody -- in the expense of caring for them.

"Half of these babies will be male babies, by the way. Some of those boys and their sisters who are born need their mothers to take care of them long after they are born” he adds.

The nightmare of delivering without health insurance

When it comes to time for a woman to delivering, she often finds herself at the mercy of her circumstances.

For Mukarurangwa Francine, it was simply a night mare. When the time came for her to deliver her first daughter, she was not prepared financially and for the pain that was to come.

"There is no pain as that of child birth,” she said. "It is indescribable and it is worse when you are not financially stable because that will certainly put you and your baby in danger”.

Mukarurangwa is a mother of two who lost her first job when she went on maternity leave. "Becoming a new parent is a huge undertaking, and for parents who are forced to take unpaid family leave the situation becomes infinitely more challenging” she says

Her former employers could not pay her salary nor keep her job when she took maternity leave. "I lost my job when I asked for maternity leave and as if that was not enough, the father of my kid abandoned me” she narrates.

She thanks the government for approving the law about the insurance plan under which working women going on a 12-week maternity leave will be paid their full salary in the last six weeks of their leave.

New parents spend a lot of money on baby clothes and diapers and more on baby food and formula plus items like furniture and medical expenses that add up quickly. Without the guarantee of paid leave while caring for a child, many new parents are faced with the choice between economic hardship and returning to work prematurely.