Maternity Leave and Maternal Health Rights in Nepal: Policies, Laws & Workplace Protections

Introduction

Maternity leave is a fundamental right that safeguards the health, dignity, and financial security of working mothers. Nepal has progressive legal frameworks ensuring maternity benefits, workplace safety, and maternal healthcare. However, implementation gaps and informal sector exclusions remain key challenges.

This blog explores Nepal’s maternity leave policies, health-related acts, labor regulations, and international commitments while providing recommendations for strengthening maternal rights.

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1. Constitutional and Legal Protections for Maternity Rights

a. The Constitution of Nepal (2015)

Nepal’s constitution recognizes maternity rights through:

• Article 38(2): Guarantees women’s reproductive health rights.
• Article 43: Ensures social security, including maternity benefits.

b. Labor Act, 2017 (2074)

• Maternity Leave: 98 days (14 weeks) – 60 days fully paid, the rest unpaid.
• Job Security: Employers cannot terminate employees due to pregnancy.
• Workplace Support: Employers must provide breastfeeding facilities and flexible work arrangements.

c. Civil Service Act, 1993 (Amendment, 2017)

• Government employees receive 98 days of maternity leave (60 days paid).
• 15 days of paternity leave for male government employees.

d. Social Security Act, 2018 & Social Security Fund (SSF)

• Covers 70% of the salary for enrolled employees during maternity leave.
• Encourages formal employment protections for working mothers.

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2. Maternal Health Laws & Regulations in Nepal

a. Public Health Service Act, 2018 (2075)

• Ensures free maternity care services in government hospitals.
• Protects maternal health rights and workplace safety for pregnant employees.

b. Safe Motherhood and Reproductive Health Rights Act, 2018 (2075)

• Provides free institutional delivery services in public hospitals.
• Offers cash incentives for institutional delivery under the Safe Motherhood Program.
• Protects against workplace discrimination due to pregnancy.

c. Nepal Health Policy, 2019

• Focuses on reducing maternal mortality rates (MMR).
• Promotes integrated maternal and neonatal care services.
• Encourages public-private partnerships for maternal healthcare.

d. Maternity Incentive Program (Aama Surakshya Karyakram)

• Transport incentives for pregnant women accessing healthcare.
• Free institutional delivery services in government facilities.
• Postpartum incentives to encourage antenatal and postnatal care.

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3. International Commitments & Compliance

a. ILO Maternity Protection Convention (No. 183, 2000)

• Recommends at least 14 weeks of maternity leave.
• Ensures cash benefits and workplace breastfeeding support.

b. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979)

• Nepal ratified CEDAW in 1991, committing to maternity protection rights.
• Prohibits workplace discrimination against pregnant employees.

c. Sustainable Development Goals (SDGs)

• SDG 3: Ensures universal maternal health coverage.
• SDG 5: Promotes gender equality and workplace protection for women.

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4. Key Challenges in Maternity Rights Implementation

Despite progressive laws and policies, major gaps exist:

• Limited Enforcement: Many private-sector employers do not comply with maternity leave laws.
• Unpaid Leave Issues: 38 days remain unpaid, causing financial difficulties for mothers.
• Exclusion of Informal Workers: Women in agriculture, domestic work, and small businesses often lack maternity benefits.
• Workplace Discrimination: Some employers hesitate to hire women due to maternity leave costs.
• Healthcare Gaps: Limited access to maternal healthcare in rural areas affects health outcomes.

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5. Recommendations for Strengthening Maternity Protections in Nepal

✅ Extend Fully Paid Maternity Leave: Increase full salary coverage from 60 to 98 days.
✅ Expand Maternity Benefits to Informal Workers: Introduce social security schemes for informal sector workers.
✅ Strengthen Legal Enforcement: Implement strict monitoring and penalties for non-compliance.
✅ Raise Awareness: Educate employers and employees about maternity rights and workplace protections.
✅ Enhance Public-Private Collaboration: Involve private companies in social security schemes for better coverage.

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As Conclusion

Nepal’s maternity leave policies and maternal health laws offer strong legal protections, but gaps in enforcement and coverage persist. Strengthening social security, workplace rights, and maternal healthcare access can ensure a better future for working mothers and their children.

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How This Policy Benefits Women & Society?

• Health & Well-being – Adequate recovery time post-childbirth ensures better maternal and child health.
• Job Security & Economic Stability – Paid leave prevents income loss, helping families maintain financial stability.
• Encouraging Workforce Participation – Women are more likely to return to work, reducing gender gaps in employment.
• Stronger Family Bonds – Extended leave supports early childhood care and family well-being.

Official links to the key legal documents referenced

1. Constitution of Nepal (2015): Constitution of Nepal (2015) – Ministry of Law, Justice and Parliamentary Affairs
2. Labor Act, 2017 (2074): Labour Act, 2017 – Ministry of Law, Justice and Parliamentary Affairs
3. Civil Service Act, 1993 (Amendment, 2017): Civil Service Act (2072 Revised) |
4. Social Security Act, 2018: Nepal Social Security Act 2075/2018-English
5. Public Health Service Act, 2018 (2075)
6. Safe Motherhood and Reproductive Health Rights Act, 2018 (2075)

Do you think Nepal should introduce paternity leave as well? Share your thoughts in the comments!