Why MPs are seeking harmonisation on maternity leave

Members of Parliament are now seeking the status of maternity leave in the country, saying there is a need to consider whether the existing framework adequately promotes equitable maternity protection.

Nominated MP Dorothy Muthoni led the MPs in seeking a statement from the National Assembly Committee on Labour on harmonisation and strengthening of maternity leave entitlements for female employees in the country.

She said Article 41 of the Constitution guarantees every worker the right to fair labour practices and reasonable working conditions, while Article 53 of the Constitution provides that the best interests of the child are of paramount importance in every matter concerning the child.

“The Constitution guarantees and underscores the need for policies and laws that adequately protect mothers and children during the critical period following childbirth. Section 29 of the Employment Act 2007 provides female employees with three months' maternity leave with full pay,” Muthoni said.

Similarly, she stated that the statutory entitlement falls below the minimum period of 14 weeks  provided for under the International Labour Organisation Maternity Protection Convention, 2000 (No.183).

“The duration and conditions of maternity leave have a direct bearing on the health and wellbeing of both mothers and children. Adequate maternity leave is critical to enabling mothers to recover from childbirth, initiate and sustain breastfeeding, provide essential early childhood care, and establish healthy mother-child bonds,” she insisted.

Muthoni also made reference to the World Health Organisation (WHO) and UNICEF, which recommend exclusive breastfeeding for the first six months of the infant's life, but stated that the disparity in maternity leave also presents a broader question to different periods of leave depending on their sector or employment arrangements.

She said the Labour Committee should look into the measures being considered to address disparity in maternity leave entitlement for employees in the public and private sectors.

Similarly, the MPs want to establish whether consultations are being undertaken with the Public Service Commission (PSC), employers and employees, organisations, and other relevant stakeholders towards the harmonisation and strengthening of maternity protection for employees.

Minority Whip Millie Odhiambo supported the statement, saying it is important that children remain with their mothers for an extended period, especially for breastfeeding, even as she referred to the  Breastfeeding Mothers Bill sponsored by nominated MP Sabina Chege.

Once the Labor Committee takes up the question, she said it should also inform the House of which agencies fall below the statutory provision and what action can be taken.

“Sometimes, people challenge us and say it is not possible. I know people might even challenge us and say that some of us are MPs and that is why we can do that, but when women who work under me go on maternity leave, I do not give them anything less than six months. Sometimes, I give them a year. This is because we must also practise what we preach,” she stated.

Kisii Woman Representative Dorice Donya also stated that some countries give workers maternity leave allowance, where they are given money for bringing forth a human being into this world.

“But we are not asking this country to give women the allowance. We are asking that they have the appropriate amount of time to rest with their babies, breastfeed, bond, and do some activities with their babies,” she noted.

“Above all, there is nothing worse than having any disparity in leave days. As members of the Labour Committee, we will commit ourselves to providing the feedback in two weeks and will consider this to the letter.”

Mombasa Woman Representative Zamzam Mohammed also joined in the debate, decrying the short period of time that mothers are granted after delivery.

“Some women are given a period of six months while others have 120 or 90 days; it is not harmonised. The mother should be given time in accordance with the law in place internationally to stay with the child at home,” she said.

North Imenti MP Rahim Dawood also called for the need to analyse paternity leave.

“The Committee should also consider paternity leave to align with maternity leave. This is to ensure that it is structured,” he said.

But the Temporary Speaker for the session, Farah Maalim, said the scope is comprehensive, and the committee may require more time.

“It is a comprehensive thing. It is harmonisation. It means you have to go through the broad spectrum of employers in the private and public sector and everywhere else to come up with a comprehensive report. To say: “This is how the practice is now, and this is how we intend to seek harmonisation,” whether through an amendment to the labour laws or whatever it is. So, give yourself enough time. Do not say two weeks, then come back and say you need more time,” he told Donya.

But responded, saying that women are aware of what they have to go through and insisted that the time frame of two weeks to give a response is workable.

Samburu Woman Representative Pauline Lenguris also started this is a serious matter that should be given a lot of attention because not all deliveries are easy, and even bonding with the children requires time.

“Mothers need to recover. They need to take time to heal. They even need to get their bodies back to working well. So, they need to be given enough time as proposed. So, this issue needs to be discussed in depth not only by women, but by all employers in this country,” Lenguris affirmed.

She said that this must be clearly put into legislation, adding that they are proposing six months and beyond so that she can heal and regain the energy to perform her work.

Lenguris also said institutions need to consider breastfeeding women because some go to work while carrying their children, and getting a place to sit and breastfeed their children is a problem.

“We need all institutions, including Parliament, to set aside a special place for breastfeeding, so that those ladies who have given birth can continue breastfeeding their children after the expiry of their maternity leave,” she said.