Maternity protection has long been a core feature of employment law, reflecting the need to safeguard the health, dignity, and economic security of working mothers. One area that has undergone a significant shift is the treatment of maternity allowance, where a worker has more than one employer. A comparison between the Employment Act and the Employment and Labour Relations Act reveals a clear policy change, moving from limitation and restriction to broader protection and fairness for women in modern, multi-employer work arrangements.
The Employment Act
Under the Employment Act, maternity allowance in cases of multiple employment was governed by section 117. This provision took a restrictive approach. It expressly stated that where a female employee had more than one employer, she was not entitled, in respect of the same confinement, to maternity allowance from more than one employer. In such circumstances, the law required that the maternity allowance be paid only by the employer with whom the employee had the longest continuous service.
The rationale behind this provision was largely administrative and cost-driven. It treated maternity allowance as a single benefit attached to one employment relationship, even where the employee lawfully worked for multiple employers and contributed labour to each. While this approach simplified employer obligations, it failed to reflect the realities of employees who depended on income from more than one source. As a result, female employees with multiple jobs often experienced a significant loss of income during maternity leave, despite having valid employment contracts with more than one employer.
The Employment and Labour Relations Act
The Employment and Labour Relations Act adopts a markedly different and more progressive stance. Section 225 provides that where a worker has more than one employer, the worker shall, in respect of the same confinement, be entitled to maternity allowance from more than one employer. The section goes further to state that where such entitlement exists, the maternity allowance shall be paid by all employers.
This provision represents a fundamental shift in policy. It recognises that maternity allowance is not a discretionary benefit tied to a single employer, but a statutory entitlement arising from each employment relationship. Each employer benefits from the worker’s labour and is therefore responsible for contributing to maternity protection when the worker goes on maternity leave. The law now aligns maternity allowance with the principle that employment rights accrue per contract, not per person.
Key Differences and Legal Implications
The contrast between section 117 of the Employment Act and section 225 of the Employment and Labour Relations Act is stark. The former limited entitlement and placed the burden on one employer, while the latter expands entitlement and distributes responsibility across all employers. This change reflects an evolving understanding of the labour market, where part-time work, dual employment, and portfolio careers are increasingly common.
For workers, particularly women in low- and middle-income brackets, this reform offers meaningful financial protection. It ensures continuity of income during maternity leave and reduces the economic penalty often associated with childbirth. It also affirms equality and dignity by recognising the full scope of a worker’s employment commitments.
For employers, the new position introduces additional obligations. Employers must now plan for maternity allowance liabilities even where the employee is not exclusively employed by them. This may have cost implications and requires proper workforce planning and compliance mechanisms. However, it also promotes fairness and shared responsibility, preventing the undue burden from falling on a single employer.
Conclusion
The shift from section 117 of the Employment Act to section 225 of the Employment and Labour Relations Act marks a deliberate move towards enhanced maternity protection. By allowing workers with multiple employers to receive maternity allowance from all employers, the law acknowledges modern employment realities and strengthens social protection for working mothers. While the change imposes broader obligations on employers, it ultimately promotes equity, income security, and respect for the reproductive and economic rights of women in the workplace.
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