Question: Is the 03 leave options for service with one particular employer or is it apply to the number of children prior to joining a particular employer.
Terms used within the law.
The term “Employee” has been defined within the law as any natural person who has for pay, wages or other benefits entered into or works under a contract of service or apprenticeship on regular basis without limit of period with an employer whether by way of manual labour, clerical work or otherwise and whether the contract is express or implied, oral or in writing.
Clause 3 (1) of the law provides that “Maternity leave shall in the prescribed manner be granted on full pay outside the leave account to a female employee on her option to the extent of one hundred and eighty days on the first birth, one hundred and twenty days on the second birth and ninety days on the third birth from the date of commencement thereof.
Clause 3 (2) provides that such maternity leave may not be granted for more than 03 times in the entire service of the female employee.
Our Explanation
The term “Entire Service” have been highlighted by us.
- Number of times leave is granted:
Please note that the term used is entire service and not entire life of an employee. Our interpretation is that the term entire service means the entire service of an employee for example with one particular employer. It doesn’t mean the entire length of life or service of an employee because GIZ has no way of no way of knowing the future service of the employee. So our interpretation of this particular phrase is that it means the entire term of service of an employee with a particular employer and NOT life of an employee and NOT simply length of employment history before or after joining the particular employer.
