Paid maternity leave denied

I am employed by a certain Tanzanian company since November 2015. My good performance at the company has earned me bonuses, including travelling abroad with my four children. The first three were born before I joined the company. Unfortunately, since 2024, the Company’s business started to fall drastically. In response, the Company has called for measures to keep the Company alive, including strictly observing how the employees enjoy their paid leaves. As I expect my 5th child this year, I was surprised by this news, especially now that, as per the notice received from the human resource director, I will not be able to enjoy my paid maternity leave for my fifth born (second maternity leave from the current employer). This means that as per the notice, I will only enjoy unpaid maternity leave, for I have exhausted all my paid maternity leaves. Kindly guide me.

PS, Arusha

In Tanzania, all matters relating to leaves for employees are governed by the Employment and Labour Relations Act, Cap. 366 [R.E. 2023] (the Act). Under section 34 of the Act, an employee is entitled to a paid maternity leave for 84 days within the leave cycle, which is 3 years. This means the paid maternity leave is only available once in every 3 years. Should she give birth to more than one child at the same time, she will be entitled to a 100-day maternity leave.

Despite the above, the law sets a maximum limit of terms in which an employee is entitled to a paid maternity leave. In terms of section 34(8) of the Act, an employer is only obliged to grant a paid maternity leave for 4 terms to an employee. It is noted that you had 3 children before 2015 when you joined the company. It should be noted that the law is intended to protect employers’ businesses against multiple paid maternity leaves. This stems from the fact that much as a paid maternity leave is a right under the law, from business perspective, it is a pay without work. In this regard, 4 terms, as reflected under the law, are only relevant insofar as one employer is concerned. Should one give birth before they commence employment relationship with their employers, such births are not expected to form part of the 4 terms provided by the law.

In your case, you have enjoyed only one paid maternity leave since you joined the company and therefore are entitled to a paid maternity leave in respect of the expected birth, and two more, should you decide to have more babies. We advise you initiate conversation regarding this right with your employer. Should your company insist on unpaid maternity leave, consult your attorney for guidance on how to handle the matter as you have protection of the law.