Maternity leave when a child dies
My wife and I are public servants and had our second child early this year. Unfortunately, the baby died while my wife was on her maternity leave. We are still determined to expand our family. Is my wife still allowed to take her maternity leave in the next pregnancy? I know there is a restriction but I am not sure what happens when a child dies. We have asked our colleagues and friends and no one seems to have the answers. Kindly guide us.
JP, Rukwa
Regulation 97 of the Public Service Regulations, 2022 (G.N. No. 444 of 2022) provides that a female public servant will be granted a paid maternity leave of 84 days once in 3 years from the date she completed her last maternity leave. However, maternity leave cannot be carried forward and shall be exclusive of the annual leave of a female public servant for the calendar year in which the maternity leave is taken. Where a female public servant has availed herself of the whole or part of her maternity leave in relation to any pregnancy and the pregnancy results in abortion or a child dies within 365 days of the delivery, the female public servant is still entitled to maternity leave in relation to the subsequent pregnancy notwithstanding the 3 year restriction. Based on the information you shared with us, your wife will not lose her right to maternity leave. Your lawyer can guide you further.