Now that the Social Protection Fund has issued the Executive Regulation of the Social Protection Law, it is important for employers as well as female employees in Oman to make themselves familiar with the rights of expecting mothers under the Social Protection Law and the new regulation.
The new maternity leave provisions under the Social Protection Law apply equally to Omani and non-Omani full-time female employees. In accordance with article 129 of the law, female employees are entitled to a maternity leave with full-pay for a period of 98 days, 14 of which may be enjoyed prior to childbirth. This same article also explicitly prohibits employers from requiring a female employee to resume work during the period of maternity leave.
If the service of the employee ends during her maternity leave, article 134 of the law stipulates that the allowance must continue to be paid for the remainder of the period, and that she can also receive the employment security insurance allowance after the end of the maternity leave.
Article 131 of the law also stipulates that the employee is entitled to this allowance even if the child dies, as long as the death takes place after the 25th week of pregnancy. Furthermore, and separate from the new paternity leave provisions, the same article stipulates that the father is entitled to the maternity leave if the mother dies during childbirth or during the period of maternity leave. Article 132 of the law also offers the same period of maternity leave for female employees fostering a child deprived of his natural family.
The executive regulation has clarified in article 94 that the maternity leave allowance must be paid by the employer directly to the employee, and that the Social Protection Fund will refund the employer the amounts paid. However, the regulation does not detail on the mechanism for receiving this refund or the time periods associated with it. Furthermore, the executive regulation has clarified in article 31 that the employer must continue to pay both the employer’s share and the employee’s share of the monthly contribution to the pension fund, and that the pension fund will either refund or settle such amounts to the employer. Similar to the allowances, the executive regulation does not provide details on how this refund or settlement will take place.
In addition to maternity leave, it is worth noting that article 133 of the law provides for an additional unpaid leave for childcare of 98 days that can be utilised within one year from the end of the period of the maternity leave, and which may be distributed between the parents.
Conclusion
The maternity leave provisions under the Social Protection Law and the new Executive Regulation of the Social Protection Law are pretty extensive. It is highly recommended for all employers and employees to familiarise themselves with this extremely important piece of legislation. You can read the executive regulation in full in English on the link below.
