The Fight For Afghan Women's Rights: Exploring Paid Maternity Leave In Afghanistan

Afghanistan mandates paid or unpaid maternity leave for mothers. The maternity leave is available for mothers with up to two children. For women with more than two children, the maternity leave is reduced.

Afghanistan's maternity leave law

The World Bank's data shows that in 2018, Afghanistan's law mandating paid or unpaid maternity leave was reported as 'Yes'. This was the same in 2016, the only other year for which data is available.

Maternity leave duration

Afghanistan's maternity leave law mandates paid or unpaid maternity leave. However, it is unclear what the duration of this leave is.

In most countries, the standard duration of maternity leave ranges from 12 to 16 weeks. In some countries, this period can be longer, reaching up to 26 or even 34 weeks in certain cases. The length of maternity leave often depends on various factors, such as the number of children, the frequency of births, length of service, and working hours. For example, in Nepal, a woman may only take maternity leave twice during her working life, while in Barbados, Egypt, Grenada, Jamaica, and Zimbabwe, she is entitled to three leaves.

The International Labour Organization (ILO) has set a standard of 12 weeks as the minimum duration for maternity leave, with a recommendation for 14 weeks. This standard was established in 1919 and revised in 1952. Currently, 119 countries meet the ILO's 12-week standard, with 62 countries providing 14 weeks or more. On the other hand, only 31 countries offer less than 12 weeks of maternity leave.

The notification period for taking maternity leave also varies across countries. For instance, in Australia, a woman must inform her employer at least ten weeks before taking leave, while in Austria, she is required to notify as soon as she knows her due date.

While the exact duration of maternity leave in Afghanistan is unclear, it is important to note that the availability of paid or unpaid maternity leave is a crucial aspect of social justice and women's rights in the country.

Maternity leave pay

Afghanistan does have paid maternity leave. In fact, according to the World Bank, more than 120 countries around the world provide paid maternity leave and health benefits by law. The International Labour Organization (ILO) has also created a global standard, the Maternity Protection Convention, which calls for a minimum of 12 weeks of maternity leave, with 14 weeks being recommended. Afghanistan exceeds this standard, providing one year of maternity leave.

The availability of paid maternity leave is an important factor in promoting gender equality in the workplace and facilitating women's participation in the labour force. It also has positive effects on the health of both mothers and children, with research showing that paid maternity leave leads to improved mental health for mothers and reduced infant mortality rates. Additionally, paid maternity leave can help to incentivize labour market attachment for women and increase household income by supporting dual-earner families.

However, it is important to note that the availability and duration of paid maternity leave can vary depending on factors such as the number of children, employment status, and income level. For example, in some countries, the length of maternity leave may be shorter for women who already have multiple children. Additionally, self-employed women or those working in the informal sector may face barriers in accessing the same benefits as employed women.

To promote greater gender equality and support working mothers, some countries have implemented policies beyond the ILO standard. For example, Norway expanded its government-funded maternity leave to 35 weeks, and countries like the Czech Republic, Hungary, Italy, and Canada offer between 16 and 28 weeks of paid maternity leave.

Paternity leave

• India: There are no statutory paternity leave laws for the private sector. However, government employees are entitled to 15 days of paternity leave.
• United Kingdom: Non-birthing employees are entitled to 2 weeks of paid paternity leave.
• Canada: There is no specific paternity leave required by law. Non-birthing parents can use parental leave as explained below.
• New Zealand: Employees are entitled to between 1 and 2 weeks of unpaid paternity leave.
• Venezuela: The non-birthing parent is entitled to 1 week of paid paternity leave.
• Vietnam: Non-birthing employees who have contributed to Social Security for at least three months are entitled to 30 days of paid paternity leave.
• Poland: Non-birthing parents are entitled to 2 weeks of paid paternity leave within the first 24 months after the child’s birth.
• North Macedonia: Non-birthing parents are entitled to 7 days of paid paternity leave.
• Turkey: Non-birthing employees are entitled to 5 days of paid paternity leave.

Parental leave

Funding Models

There are three common funding models for paid parental leave:

• Government-mandated social insurance/social security: funded by employees, employers, or taxpayers
• Employer liability: the employer must pay the employee for the length of leave
• Mixed policies: a combination of social security and employer liability

International Availability

A review of parental leave policies in 185 countries and territories by the International Labour Organization in 2014 found that all countries except Papua New Guinea have laws mandating some form of parental leave. A different study showed that of 186 countries examined, 96% offered some pay to mothers during leave, but only 44% of those countries offered the same for fathers. The Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Tonga, and the United States are the only seven countries in the United Nations that do not require employers to provide paid time off for new parents.

Benefits of Paid Parental Leave

Research has linked paid parental leave to better health outcomes for children and mothers. It also incentivizes labour market attachment for women, affecting GDP and national productivity by increasing the size of the workforce. Paid parental leave also increases income at the household level by supporting dual-income families.

Criticisms and Challenges

Some critics argue that paid parental leave may be harmful to children's welfare in countries with an aging workforce or sub-replacement fertility, as it may incentivize childbirth for the wrong reasons. Another concern is that it could lead to "statistical discrimination" against hiring women of child-bearing age. The "motherhood penalty" refers to the prediction that women who take long parental leaves will have lower lifetime earnings and fewer opportunities for promotion than their male or child-free counterparts.

Frequently asked questions