Home » Employers, here is how to navigate maternity and paternity leave in Zambia
If you are an employer in Zambia and haven’t encountered any requests for maternity and paternity leave yet, it’s only a matter of time before you do.
With over 680,000 births per year for a population of 20 million, and a 2.76% increase in the population in 2023, Zambia’s population is growing. As an employer, you must learn about your rights and responsibilities, as well as your employee’s rights, all to better navigate the changes that maternity and paternity will bring to the workplace.
Here is what you need to know to get things right from beginning to end:
In Zambia, according to the Employment Code of 2019, a female employee is entitled to 14 weeks of maternity leave, upon the production of a medical certificate. Of those 14 weeks, at least 6 must be taken after delivery.
If the employee in question has been in employment with the same company for a minimum of 12 months before the beginning of her maternity leave, then she is entitled to 14 weeks of maternity leave at full pay.
If your female employee is due for a multiple birth, that is, if she is expecting twins, triplets or generally speaking, more than one child, Zambian law allows for an extension in maternity leave for a further period of 4 weeks.
In Zambia, if your female employee were to give birth to a premature child, she would be entitled to an extension of her maternity leave.
How long will this extension last? Its duration will need to be determined by a medical doctor, who will assess the child’s needs and give an appropriate extension time.
Miscarriages are difficult circumstances for pregnant women, both physically and emotionally.
If your female workers have endured a miscarriage during the last trimester of their pregnancy, or given birth to a stillborn child, then they are entitled to 6 weeks leave on full pay, immediately after the fact.
That is, if the worker has been in continuous employment for at least 12 months before.
Of course, as a compassionate gesture and in adherence to your global employee policy for instance, you may choose to go above and beyond as an employer and offer extra days off to female employees who have suffered such loss.
This kind of gesture reinforces your empathy as an employer, and makes employees feel valued and cared for in an especially trying moment – further reinforcing the attachment and loyalty they feel toward your company.
Yes, they may.
With your approval as the employer (where applicable), female employees coming off from maternity leave can use any other leave to which they are entitled.
It is illegal for employers to withhold annual leave from an employee who was on maternity leave. It is her right to use them as the law dictates. Of course, the timing of such leave may be reviewed if, for example, it impacts on company productivity during a specific time period.
In Zambia, a female employee is NOT allowed to go back to work during the 6 weeks preceding her delivery date, unless a medical doctor certifies that she is fit to resume work.
Yes, they may.
However, employers are not allowed to ask female employees to work overtime hours 2 months before their estimated delivery date.
Additionally, if a qualified health practitioner recommends it, a pregnant worker should not be made to do work that requires continuous standing or that could harm her and her unborn child’s health.
As an employer, you are required by law to exempt a female employee from working at night, if she is either pregnant and in the third trimester of pregnancy, or if she is nursing a child who is 6 months old or younger.
Yes, they are.
In Zambia, female employees who are nursing an as-yet unweaned child, are entitled to either 2 30-minute breaks, or 1 hour-long break for nursing purposes.
The employee may choose a time most convenient to her to do so. Female employees are entitled to these breaks for up to 6 months after the date of their child’s birth.
These breaks should NOT be deducted from the employee’s number of paid hours.
Should you, as an employer, offer different nursing break benefits to your female workers, these benefits should be more favourable than the ones outlined by the Zambian labour law, otherwise the labour law takes precedence.
Zambia’s Employment Code has one particularity: A “Mother’s Day” off. Every month, mothers may take one day off from work without having to provide any reason or any medical certificate to their employer. They still must inform their employer of their planned leave, but are not required to give any explanation.
In Zambia, unlike in some other African countries like Nigeria, men are entitled to statutory paternity leave.
If they have been in continuous employment with a company for at least 12 months, men in Zambia are entitled to 5 continuous days’ paid leave within 7 days of the child’s birth. However, new fathers must also submit their child’s birth record, showing that they are indeed the father.
Once again, should your company offer more favourable conditions than these ones, then the benefits your company provides takes precedence over what is required by the law.
Imagine if you had to carve out time to take care of internal operations and employee leave management each month… Not only would your overall company growth be affected, but you might also make mistakes and risk non-compliance fines, damaged company reputation and more…
Africa HR Solutions makes it easy for you to get the best of both worlds with our EOR, PEO, and payroll offers. We take the weight of administration off your shoulders, and relieve you of the worries of non-compliance through our 100% guaranteed compliance offer.
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Grant Geraghty is the longest-serving member of the Africa HR team. This resident subject matter expert and client champion is responsible for gaining a deep understanding of our clients’ unique HR needs in Africa and providing tailored solutions that align with their business objectives. Grant collabourates closely with our clients to ensure that their requirements are properly implemented, providing ongoing support and guidance throughout the process.
Grant brings a wealth of experience to his role, having served as Africa HR’s longest-serving employee. He holds a Bachelor of Commerce degree, with a major in Economics and Business Finance, from the University of Natal in South Africa. Additionally, he has completed a certification program in Payroll and Tax Administration from the University of Cape Town, further enhancing his expertise in HR operations and compliance.
His commitment to delivering exceptional service and his extensive knowledge of HR in Africa make him an invaluable member of the Africa HR team.
Kevina Takoordyal has a BA Hons Business Management from the University of Glamorgan, UK, with MBA in leadership and Innovation, MBA General, PMP Certified, and Agile Scrum Master. She currently works as the Head of Operations at Africa HR Solutions Ltd with more than 20 years of proven leadership capabilities in Operations, Business Development, People Management, Process Optimization, and Project Management in the Financial Services, BPO, Banking Industry, and Heath Care Industry. In Senior leadership roles with an international footprint across Europe working and extensive Pan- African experience from a compliance, finance, and operations angle, Kevina comes across with a panoply of cross-functional skills. Kevina also serves on a few Boards, Non-Independent Executive at MioD and for NGOs on a voluntary basis, a coach and mentor to aspiring female leaders across Africa and Mauritius.
Kevina is a firm believer in Servant Leadership with a strong focus and commitment to uplifting others, with the ability to deliver through a highly engaged – diverse team, and works towards consistently synergistic value creation. While being a focused and adaptive thinker and Kevina is actively participating in panel discussions on Innovation, CX, Digital transformation.
Kevina serves as Project Assessor for the National Youth upskilling program. She has been recognized as Global Talent in a few companies, Ceridian, and International SOS Ltd whereby she has been awarded a few scholarships and had the opportunity to be mentored by Senior Vice President in the US. Award Winner in various fields and at a national level and recognized including Super Achiever Leader Award in Africa in 2016, Awarded Africa Women Leader 2018.
Viloshna is an experienced finance professional with 18 years of expertise in strategic financial planning, financial analysis, cash flow management, systems and controls implementation, financial reporting, and continuous process improvements. She currently serves as Head of Finance & Business Support, where she has successfully automated and leveraged the financial reporting system capabilities to ensure efficient company operations.
Viloshna’s background includes senior roles in a multinational pharmaceutical company and a large listed Mauritian conglomerate. Her meticulous attention to detail and strategic thinking have streamlined financial processes, making her a valuable addition to any finance team. Viloshna is a qualified finance professional with an FCCA qualification and an MBA, bringing valuable expertise to any Organisation.
In her current role, Viloshna leads the company’s Treasury and Payments function, including the fulfillment of the company’s cross-border payments into Africa. With her strong educational background and extensive experience, Viloshna consistently demonstrates her ability to optimize financial operations, minimize risks, and improve profitability. Her expertise in financial reporting and process improvements make her a valuable asset to any Organisation.
A qualified lawyer who joined Africa HR Solutions in July 2020, Mark Du Preez has experience working in private practice for a reputable law firm in South Africa. He also played commercially focused roles at a leading private bank, wealth management company, and outsourcing firm in South Africa and Mauritius.
Mark has played a pivotal role in Africa HR Solution’s risk mitigation strategy, which positively impacted P&L performance over the years.
He currently leads the Partnerships function of the company including relationships and oversight with in-country partners (ICPs) across Africa.
Alex has more than 15 years of experience in the global, strategic development of both enterprise and consumer brands in categories including technology, transport, enterprise software, entertainment, and travel.
With experience in roles on both agency and corporate side, he has worked across international brands and has led the development and execution of multi-discipline campaigns across EMEA, NORAM and Asia Pacific.
His focus is on driving meaningful business impact through brand differentiation and building high-functioning, digitally oriented, and analytically driven capabilities. He is motivated by working with, and developing dynamic people, teams, and Organisations.
He leads, manages, develops and mentors the Key Account Management department, including line management responsibility for the team of Key Account Managers and Key Account Administrator who represent the Company as the primary communication link between all relevant stakeholders, including clients, third party in-country partners and internal functions.
Originally from Mauritius, he holds bachelor’s degrees in International Business, Finance and Management from the University of Nevada, Reno.