Maternity Leave

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eralc777

New member
Aug 6, 2005
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Hi,
I would like some advice on my entitlements. I am curently working in the DR and am pregnant. I will be taking my maternity leave from Sept-Dec. Lets say for example i have been paid for the past year 25,000 pesos a month for salary and 5,000 pesos towards rent each month....am i still entitled to exactly that during my leave or just the 25,000 peso wage??

Also, would i still be entitled to my christmas bonus even though i have been on maternity leave?

Another question, the boss is being very coy about what will happen after the 3 months. As far as im concerned, she has no intention of giving me my job back in January when i am due to come back to work. In her words, she has no 'legal obligation to me' after 3 months. She also has to hire someone to cover me so she said there may be no position left for me. Is this legal? Or am i entitled to something after the leave? Or does she need a better reason to get rid of me?

Thanks for any help,
eralc777
 
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sherri

New member
Jan 25, 2006
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Hi, I am currently in sort of the same boat as you. I am starting my maternity leave starting september 9, however D.R laws say"you get 12 weeks "paid"maternity leave. Not neccessairly 3 months. Whatever you salary is is what they give you.If its 25,000 a month and 5000 for a surplus, you probably are not entitled to that. Are you taxed on that amount as well? There are factors you need to clear like that. Your HR rep at your job should be able to tell you. You are entitled to your christmas bonus as well.

With regards to your job, if you boss is being an ass..if you boss decided to fire you for any reason before the three months were up, he has to pay you severence as well as 5 months worth of salary also. You boss by law can fire you after 3 months of the birth of the baby but has to give you severence anyway. Here is what i took out of the labor laws of this website. I also went over it with my HR rep and she said its correct.

5.5.Maternity Protection
The Labor Code provides special protection for employees who are pregnant or have recently given birth (Arts. 231 to 243). At will termination by the employer is strictly forbidden during the pregnancy of the employee and up to three months after birth (Art. 232). The pregnant employee has the right to paid maternity leave during the six weeks that precede the probable birth date and the six weeks that follow it (Art. 236). The employee has also the right to three rest periods of 20 minutes each per workday to breast-feed her child (Art. 240).
An employer who terminates a pregnant employee at will or without justifying cause for dismissal will be liable to pay the employee, in addition to the standard severance, the equivalent of five months’ salary (Art. 233).

I hope this helps a little.

Good luck!
 
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eralc777

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Aug 6, 2005
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Yes that helps.

HR rep? Ha! What a joke. Someone who looks after the staff....no that doesnt exist in my place of work. Even though it is a private school, the staff are pretty much an after thought. The only thing that comes first is how much money the school can make. Pretty sad really. Which is why im checking what im entitled to and fighting for it.

I have agreed with them to get my 3 months salary from September to December. At least i know i will get my bonus.

Im pretty sure i will have no job to come back to but she knows she can only discuss that with me after the 12 weeks. But surely, they cant just get rid of me and thats it???

In my contract i agreed to the wage and the extra each month....as far as im concerned i should still get that....but i need to make sure im entitled to it.
 
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dv8

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Sep 27, 2006
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if you are fired during your pregnancy you are entitled to one year pay (9 months of pregnancy and 3 months maternity) plus liquidation for all period worked (including that one year).
as long as you work (that includes maternity leave and possible sick leave) you are entitled to all benefits.
you cannot legally be fired during your maternity leave either, and if company decides to fire you afterwards they have to pay liquidation for all period you have worked + maternity leave.

in case you get fired go to secretaria de trabajo - YOU WILL NOT GET INTO ANY PROBLEMS EVEN IF YOU HAVE WORKED HERE WITHOUT RESIDENCY. secretaria de trabajo will calculate your correct liquidation - this service is free. to be on a safe side keep your payslips or whatever prove of salary you receive. DR systems favours mothers - don't let your employer cheat you.
take care!
 
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eralc777

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Aug 6, 2005
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And where do i stand when my contract is due for renewal? I am told that they will not discuss it with me until the end of my maternity leave which means in December at the end of my maternity leave, they could tell me either i still have a job and will renew my contract or that i no longer have a job. They know they cant do anything during pregnancy or maternity leave but i want to know if i can be entitled to anything after that.
 
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dv8

Gold
Sep 27, 2006
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generally - you are on your own after maternity leave ends.
check your contract carefully, it may say something about rules regarding renewal, your emploer will act on whatever the contract says.
 
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eralc777

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Aug 6, 2005
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nice!
i will start job hunting now then just in case.

any more guidance on the money i recieve during maternity leave? i mean, we have always got both parts of money....surely im still entitled to both parts?? i mean i do still have rent to pay.
 
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Campesina

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Sep 12, 2004
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The english version of the labor code with regard to maternity protection as translated by Fabio Guzman:

5.5.Maternity Protection

The Labor Code provides special protection for employees who are pregnant or have recently given birth (Arts. 231 to 243). At will termination by the employer is strictly forbidden during the pregnancy of the employee and up to three months after birth (Art. 232). The pregnant employee has the right to paid maternity leave during the six weeks that precede the probable birth date and the six weeks that follow it (Art. 236). The employee has also the right to three rest periods of 20 minutes each per workday to breast-feed her child (Art. 240).

An employer who terminates a pregnant employee at will or without justifying cause for dismissal will be liable to pay the employee, in addition to the standard severance, the equivalent of five months’ salary (Art. 233).
 
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Campesina

New member
Sep 12, 2004
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With regard to suspending contracts:

5.6.Suspension

An employment contract may be suspended either by the mutual consent of the parties or due to one of the other causes expressly provided by the Labor Code (Art. 51). Under a suspended employment contract, neither employer nor employee have to comply with their respective obligations for the duration of the suspension.
 
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eralc777

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Aug 6, 2005
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Does a suspension of a contract still apply in my case?
I work in a school where my contract was for a year...doesnt that mean that im not covered until I sign a new contract?
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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If your employee does not "renew" your contract when you return from maternity leave, he or she will have to pay your liquidation.

I put "renew" in quotation marks because in fact there is usually no such thing: most contracts are by law of indefinite duration.
 
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