A review of the PNG maternity laws has been ignited by growing concerns on the fact that the female employees in the private sector are entitled to unpaid maternity leave as opposed to their counterparts in the public sector, and this effectively leads to two sets of laws and policies for women in PNG.
This fact has prompted the latest review by the Constitutional & Law Reform Commission (CLRC) to a review on maternity leave with the view to identify existing inconsistences & issues and propose necessary reforms.
CLRC Secretary Dr. Matui said Maternity Leave is a very important & domestic issue that must not be ignored.
“Particularly for PNG where there is clearly a huge and unfair existing disparity between the public and private sector that needs to be looked into.”
Dr. Matui said the primary aim of their recent undertaking was to review the outdated employment laws of PNG, particularly the principal legislation on the Employment Act of 1978 on the issue of maternity leave.
“The Employment Act 1978 provides for unpaid maternity leave in the private sector while the Public Service Management Act 1995 and the Public Service General Orders provides for paid maternity leave and other benefits for female employees in the public sector.”
He said PNG is one of only two countries apart from the USA who does not provide paid maternity leave as far as the PNG national employment laws and the private sector is concerned.
“The associated concerns on termination of female employees on murky grounds, as well as human rights, safety and security issues also prompted this review.”
The Term of Reference 17: Review of the Employment Laws (Employment Act 1978)
– Maternity Leave In PNG, was launched on the 29th of June 2023 together with the release of an Issues Paper that contains the rationale, background, key issues, and discussions.
Dr. Matui said the review will focus on key issues but not limited to:
· Maternity leave.
· Employment contract.
· Termination of employment contacts for females; and
· Employment of young people.
Consultation with key stakeholders and the public in selected provinces will run from the 13th of August to the 30th of September 2023, before a final report is completed and submitted to the Government before the end of the year. CLRC is also seeking any form of submission from the broad sector of the society during the consultation period.
“Whilst CLRC understands the nature of the private sector as profit driven, this must not be at the expense and disadvantage of female employees and the importance of life and births.”
Dr. Matui said CLRC hopes to work closely with the key stakeholders in the Review to come up with reform proposals that are acceptable and favourable for the changing circumstances in this modern age.