Working mothers could soon be entitled to maternity leave benefits for two more weeks covered by Rwanda Social Security Board (RSSB), once a proposal in a new bill is approved by parliament and takes effect.
This is one of the proposed changes in a draft law amending the law of March 30, 2016 establishing and governing maternity leave benefits scheme.
Its relevance was approved by a plenary sitting of the Lower House on February 5, and it will later be analysed by a parliamentary committee before it is put to a vote by lawmakers.
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Maternity leave benefits insurance or scheme is a maternity protection scheme that grants working women (mothers) their full (100 per cent) remuneration while on a maternity leave.
According to an explanatory note of the bill, it was initiated in order to solve the issues that are related to factors including outdated registration procedure, the short period of time to apply for maternity benefits refund [on the side of employers], and the power of the public institution in charge of social security to carry out audit and investigation on remittance of contributions.
Another reason for the amendment of the 2016 law, it added, is the need to align it with changes made to maternity leave in the labour legislation of 2023, which increased maternity leave to 14 weeks from 12 weeks before.
The following are six key proposed changes in the bill:
Maternity leave benefits for two more weeks
The draft law proposes that RSSB as the scheme administrator, will provide maternity leave benefits corresponding to the last eight weeks of leave instead of the last six weeks provided for under the current law.
Meanwhile, an employer will continue to pay a female employee a full salary in the first six weeks. This means that maternity leave benefits are provided for 14 weeks in total.
"This is explained by the fact that a study indicated that the insurance for maternity leave benefits scheme is performing well, thus there is no reason to burden an employer,” said the Minister of State in charge of the National Treasury at the Ministry of Finance and Economic Planning, Richard Tusabe.
Tusabe represented the government to defend the relevance of the bill in parliament during the session.
More maternity leave benefits in case of premature birth
The bill also took into account changes to maternity leave brought about by the 2023 labour legislation, in case of stillbirth, when a mother loses a baby after birth, and when she miscarries.
For instance, it provides that in case a female employee gives birth to a premature baby, she is entitled to a leave equal to the remaining days to normal delivery period of nine months.
The employer covers the salary of half of the period of maternity leave and RSSB covers the other half, depending on the remaining time before the completion of nine months of a normal pregnancy.
After that, the female employee is entitled to a maternity leave of 14 weeks and benefits from the corresponding maternity leave compensation.
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Removal of at least one-month contribution requirement
The eligibility conditions for maternity leave benefits have been reviewed in the bill to allow a new employee who gives birth to be entitled to maternity leave benefits.
To this end, the bill seeks a removal of the prerequisite that a working mother must have contributed to the maternity leave benefits scheme for at least one month preceding the month of leave, for her to be eligible.
Modification in reimbursement request period
To facilitate the payment of maternity leave benefits to eligible women, the employer should submit to the social security administration the request for reimbursement of maternity leave benefits paid to the woman within six months from the date of end of maternity leave, instead of six months from the starting date of the maternity leave provided for by current law, according to the bill.
This change, Tusabe said, was made because it was realised the current period was not enough and could result in an employer missing the deadline yet they have reasons that made them delay to make their request.
ALSO READ: How employees, employers will contribute to the maternity fund
Social security administrator could get investigation powers
A new provision was introduced to the law in force to allow the entity in charge of social security administration to carry out, if necessary, an audit and an investigation on remittance of contributions to the maternity leave benefits scheme.
Electronic registration of employers and employees
The bill proposes an amendment to article 5 of the law in force to provide for the registration of employers and employees with the institution in charge of managing the Maternity Leave Benefits Scheme using an approved electronic system, instead of a prescribed form [in hard format].
Furthermore, the bill provides that the modalities for registration of employers and employees will be determined by instructions from the Director General of the institution having Maternity Leave Benefits Scheme in his/her responsibilities, instead of a ministerial order, to facilitate any adjustment required during the implementation of the new registration.
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