Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Maternity Protection Convention, 1919 (No. 3) - Colombia (Ratification: 1933)

1. Article 3(c) of the Convention. (a) In its previous comments, the Committee drew the Government's attention to the need to introduce a provision to allow the extension of the prenatal period of leave in cases where confinement occurs after the presumed date of confinement. The Government previously indicated that, in practice, where complications resulting from pregnancy arise before the date of confinement, it was normal for doctors to certify the woman unfit for work for the requisite number of days. The Committee notes that, in its last report, the Government once again refers to the possibility of taking sick leave, although this provision of the Convention provides for an extension of the maternity leave until the actual date of confinement in the case of a mistake in estimating the actual date of confinement; during the period of that extension, the worker concerned must be paid the maternity benefits to which she is entitled to cover loss of earnings. The Committee therefore hopes that the Government will re-examine this question and indicate any progress made in ensuring better application of this provision of the Convention.

(b) The Committee notes that under section 11(2) of Decree No. 1938 of 5 August 1994, the compulsory health scheme provides maternity cash benefits determined by the Ministry of Health. The Committee requests the Government to specify the amount of such cash benefits paid during maternity leave and their duration. Please also indicate any relevant legislative provisions in this area.

The Committee also notes that under section 25(3) of Decree No. 1938, entitlement to cash benefits during maternity leave is subject to a minimum period of contributions of 12 weeks before the date of confinement, although the Convention does not specify any such condition. Under these circumstances, the Committee requests the Government to indicate the manner in which women who do not meet this condition can be assured of the protection provided by the Convention in respect of maternity benefits.

2. With reference to the Committee's previous comments concerning section 19 of Legislative Decree No. 3135 of 1968 and section 33 of Decree No. 1848 of 1969, concerning the length of maternity leave for public sector employees, the Government indicates that these provisions are regarded as having been tacitly repealed by section 34 of Act No. 50 of 1990 amending section 236 of the Labour Code inasmuch as this section applies to women employed in the public sector. The Government also indicates that these provisions will be amended as part of the next reform of the Rules governing public service employees and social benefits.

The Committee notes this information and requests the Government to indicate in its next reports any progress made in this regard.