Tunisia: Substantial increase to maternity leave

Employer Action Code: Act

Law 2024-44 introduces several enhancements to family leave entitlements for both public and private sector employees, most notably a substantial increase in government-paid maternity leave from 30 calendar days to three months. The law took effect on August 12, 2024.

Key details

Noteworthy provisions of the law include:

• An increase in maternity leave from 30 calendar days to three months following the birth of a child; for multiple or complex births, an increase from 45 calendar days to four months. The law also entitles expectant mothers to up to 15 days of leave during the last month of pregnancy if requested by a physician. In the event of stillbirth, employees are now entitled to one month of leave. Pay replacement benefits continue to be provided by social security at two-thirds of the claimant’s average daily covered wages up to two times the minimum wage (salaire minimum interprofessionnel garanti – SMIG).
• An increase in the duration of employer-paid paternity leave from one to seven calendar days and 10 days for multiple or complex births. In the event of stillbirth, fathers are now entitled to three days’ paid leave.
• The provision of a paid one-hour nursing break for working mothers nursing a child under the age of one year when working four hours or more in a day or two one-hour breaks when working seven hours or more in a day. Previously, nursing mothers were entitled to two paid 30-minute breaks.
• The introduction of additional employment protections for new and expectant mothers while on maternity leave and for the first year after returning to work.
• A general prohibition on employment discrimination against employees who take family leave.

Employer implications

Employers should review and amend their leave policies accordingly. It’s worth noting that while the duration of maternity leave has tripled, the level of pay replacement benefits from social security is unchanged and remains relatively low (especially for highly paid staff). Among companies surveyed by WTW (prior to the law’s introduction), only 14% enhance maternity leave, and even fewer enhance paternity leave, despite the modest duration of the respective leaves before the current reforms.

While working parents will no doubt welcome the substantial improvement in both leave entitlements, the effectiveness of the increase in maternity leave may be offset somewhat by the low participation of female workers in the labor force in Tunisia, estimated by the United Nations at 18.2%.

Contact

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Michael Brough

Senior Director, Integrated & Global Solutions

email Email phone +971 50 189 5816

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