Addition of naw section ZA.
Amendment of
section 5.
Repeal of section 11.
Addition of new Part IA.
(b) by inserting, after the definition of "employer". the
following new definition-
4.
"maternity leave" means absence from work, in accordance with the provisions of Part IIA, by a female employee because of her pregnancy or confinement:".
The principal Ordinance is amended by adding, after section 2, the following new section-
"Meaning of ZA. (1) In this Ordinance, "continuous con- continuoly
tract" means a contract of employment under which an employee is deemed by virtue of the provisions of the Schedule to be in continuous employment.
contract and ones of
proof thereof. Schedule.
5.
(2) In any dispute as to whether a contract of employment is a continuous contract the onus of pro- ving that it is not a continuous contract shall be on the employer.".
Section 5 of the principal Ordinance is amended, in sub- section (1), by inserting after "(3)" the following
6.
"and section 11C",
Section 11 of the principal Ordinance is repealed.
7. The principal Ordinance is amended by adding, after Part 11, the following new Part-
Maternity leave.
"PART IIA.
MATERNITY PROTECTION.
11. (1) A female employee who has been em- ployed by the same employer under a continuous contract for a period of not less than twenty-six weeks shall be entitled to maternity leave under this Part.
(2) Maternity leave shall be the aggregate of (a) a period of four weeks immediately before
the expected date of confinement;
(6) a further period, if any, from the expected date of confinement to the actual date of confinement:
(c) a period of six weeks immediately after the
actual date of confinement; and
(d) a further period, not exceeding four weeks.
on grounds of illness or disability arising out | of the pregnancy or confinement.
3
(3) The period of maternity leave under para- graph (d) of subsection (2) may be taken-
(a) wholly immediately before the period men- tioned in paragraph (a) of subsection (2); or (b) wholly immediately after the period men- tioned in paragraph (c) of subsection (2); or (c) in part immediately before the period men- tioned in paragraph (a) of subsection (2) and in part immediately after the period mentioned in paragraph (c) of subsection (2). (4) A female employee who intends to take any period of maternity leave under paragraphs (a), (b) and (c) of subsection (2) shall give notice to that effect to her employer at any time within the period of eight weeks before the expected date of her con- finement and such notice shall specify-
(a) the expected date of her confinement; and (6) the date on which the maternity leave is to
comumence.
(5) If her confinement takes place--
(a) before notice under subsection (4) is given;
or
(b) after notice under subsection (4) is given but before the commencement of the period of maternity leave under paragraph (a) of subsection (2),
the female employee shall, within seven days of her confinement, give notice to her employer of the date on which she was confined and of her intention to take any period of maternity leave under paragraph (c) of subsection (2).
(6) A female employee who gives notice under subsection (4) sball, if so required by her employer, produce a medical certificate--
(a) certifying that she is pregnant; and
(6) specifying the expected date of her con-
finement.
(7) A female employee who gives notice under subsection (5) shall, if so required by her employer. produce a medical certificate-
(a) certifying that she has been confined; and (b) specifying the date of her confinement.