The Herald (South Africa)

Domestic workers not receiving proper maternity leave or pay

- CATHERINE PEREIRA-KOTZE ● Catherine Pereira-Kotze is a PhD candidate at the University of the Western Cape. This article was first published by The Conversati­on

Most of the world’s domestic workers — 76% — are women.

Domestic workers often have low incomes, and are excluded from basic labour rights and employment benefits like pensions and paid leave.

There are more than 76-million domestic workers globally, representi­ng between 1-2% of the global workforce.

About 80% of domestic workers work informally. Of all working women in SA, about 12% work as domestic workers with little or no safety nets.

This work takes place in people’s homes. It is therefore difficult to make sure the sector applies regulatory frameworks.

Domestic workers often depend on the goodwill of their employer to access components of maternity protection.

The Internatio­nal Labour Organisati­on offers a definition of comprehens­ive maternity protection. It includes health protection at the workplace and maternity leave.

Women should get cash payments and medical benefits while on maternity leave.

They should have job security and not face discrimina­tion.

Daily breastfeed­ing breaks and childcare support are also part of the protection package.

My colleagues and I recently described what maternity protection is available to non-standard workers in SA. This category includes temporary, parttime and casual workers.

We focused on domestic workers as a vulnerable subgroup.

SA’s laws and regulation­s incorporat­e some elements of global maternity protection recommenda­tions.

Non-standard workers are supposed to get health protection in the workplace, maternity leave and job security. They should not be discrimina­ted against. But the policy framework is fragmented, and difficult for employers and employees to interpret.

Domestic workers struggle to access maternity protection benefits — particular­ly cash payments while on maternity leave. This is because of gaps in the legislatio­n, and employers not complying with relevant laws. Women may lose their income for the months they are on maternity leave.

Employers need to be encouraged to go beyond minimum national requiremen­ts.

Workplaces, employers, managers, and members of society should contribute to supportive environmen­ts for women to be able to combine their work and family responsibi­lities.

This could result in improved breastfeed­ing practices, which would play a role in improving the health and developmen­t of future generation­s.

Maternity protection is available in SA for some non-standard workers. These provisions are dispersed across various documents and government department­s.

We identified 29 policy and legislativ­e documents with provisions on maternity protection relevant to non-standard workers. Most of these documents were from the department of employment and labour.

The components of maternity protection are scattered through many policy documents. For example, to understand the cash payments domestic workers are entitled to on maternity leave, you need to consult a number of different laws. These include the Unemployme­nt Insurance Act (2001), the Unemployme­nt Insurance Contributi­ons Act (2002) and the Sectoral Determinat­ion for Domestic Work (2002), among others.

There is weak alignment within government. For example, the national department of employment and labour is responsibl­e for labour legislatio­n, which contain provisions on maternity protection.

The national department of health implements health policy — some of which is relevant for maternity protection. But there is no clear co-ordination between the two department­s.

Implementa­tion, monitoring and enforcemen­t of existing maternity protection policy are inadequate.

When women do not receive some form of cash payment while on maternity leave, they are not able to make full use of the maternity leave period available to them. They often return to work earlier than recommende­d, which has consequenc­es for their newborn.

It also interferes with the establishm­ent of breastfeed­ing. All components of maternity protection must be available and accessible for working women to be able to recover from childbirth, care for their baby and establish breastfeed­ing.

Women in the informal economy make up a significan­t proportion of the workforce, especially in Africa.

The department of employment and labour needs to ensure that the efficiency and accessibil­ity of current social protection mechanisms like the UIF are improved.

One way could be making it easier for employers to find informatio­n on how to comply with relevant labour legislatio­n, including that which enables access to maternity protection.

Lessons learnt from the SA context could be applied to other low- and middle-income countries where non-standard employment is common and similar challenges to access maternity protection are experience­d.

Making comprehens­ive maternity protection available and accessible to all women has potential long-term benefits to women’s and children’s health and developmen­t.

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