Maternity leave for premature birth
Working for one of the companies operating in Tanzania, I am writing to seek your legal guidance regarding eligibility for maternity leave in case of premature birth under the laws of Tanzania. I delivered my baby at 36 weeks of pregnancy. The hospital classified my baby as premature and issued a medical report confirming this status. I would like to confirm whether my delivery at 36 weeks qualifies as a premature birth under the law;whether I am entitled to maternity leave benefits up to the completion of the forty-week period; and any documentation or procedures required to support my claim. I would greatly appreciate your guidance on this matter, including any steps I should take with my employer to ensure compliance with the law.
GM, Dodoma
Congratulations for the newborn, and we hope the baby is doing better. In Tanzania, the law, specifically the Employment and Labour Relations Act (the Act) recognizes a premature birth and provides an extended paid maternity leave in that regard. Ordinarily, under the Act, the mother is entitled to a 3 month (84 days) paid maternity leave within the leave cycle, that is one paid maternity leave within 3 years.
However, should an employee give birth to a premature baby, such employee is entitled to a paid maternity leave from the date of giving birth up to completion of 40 weeks of pregnancy and later to a standard maternity leave, that is, 84 days. Maternity leave benefits are accorded to a member of a social security fund, who has given birth, provided that they meet the required conditions such as number of monthly contributions and medical certification from an accredited medical provider, certifying that the woman expects delivery of a child. Given that an employee who gives birth to a premature baby is entitled to a paid maternity leave from the date of delivery to the completion of 40 weeks (extended maternity leave), in our view, such employee qualifies for maternity leave benefits from the date of delivery. Much as the relevant pension laws do not specifically address maternity leave benefits for premature births, we are not aware of any provision of law that specifically restrict such benefits to a standard maternity leave.
On whether delivery at 36 weeks qualifies as a premature birth under the Act, it is noteworthy that the Act does not define premature birth. Nor does it require medical certification. Although the Act does not require certification from a medical practitioner that a newborn is premature, prematurity is a fact that can only be proven by a medical expert. Besides, it is not clear if the Act introduces legal prematurity, meaning that every baby born before forty weeks is premature. Luckily, your case is straightforward regardless of lack of definition under the Act. The hospital classified your baby as premature and issued a medical report confirming this status. This implies that there is no need to cherry-pick legal provisions that specifically mention 36 or other weeks delivery as premature birth or not: the hospital’s reportsuffices.
You are therefore advised to notify your employer depending on the practice at your office: be it by email; by filling a specific leave form; or by filling your leave details onto your office system, if any. As you notify your employer of your delivery, do not forget to inform them about this fact and, if possible, send the hospital report to them as well. You can consult your lawyer for more guidance and assistance.