Author: Nejra Agić

A recent debate in the Parliament of the Federation of Bosnia and Herzegovina on the amendment to the Federation budget according to which the funds for salary increase of 4.5% in the public administration would be redirected to the cantons for co-financing fees for maternity and pregnant women, has actualized the never-resolved issue of maternity rights in BiH. Although the reorientation would be an intervention rather than a long-term measure, the failure to adopt the amendment showed that there is still not political will strong enough to finally reach a single solution at the level of the Federation of BiH, which would imply equal rights for all mothers in the Federation of BiH – more than 18 000 of them per year.

The issue of protecting families with children and mothers in Bosnia and Herzegovina is regulated by the entity Labour Laws, while the Public Fund for Child Protection in the Republika Srpska and cantons in the Federation are responsible for their implementation. Different regulations in each canton result in unequal rates of maternity benefits in different parts of the same country.

For example, unemployed mothers in Ilijaš (Sarajevo Canton) receive a compensation of 266 KM a month, while the mother who lives in Breza, only ten kilometers away (Zeničko-dobojski Canton), has the right to a one-time fee of 150 KM only.

The lack of uniform regulations, either at the federal or state level, leads to discrimination among the mothers, and not only on the geographical basis. For women in the public sector, incomes during childbirth are not decreased – they receive a fee of one hundred percent, compared to those in the real sector, who receive a certain percentage of wages depending on the canton. The payment of salary differentials in the private sector is left to the employer’s will, while in the public sector this obligation is defined by special collective agreements and is paid from the budget.

FEDERATION OF BOSNIA AND HERZEGOVINA

In the Federation of Bosnia and Herzegovina, this issue is regulated by the Labour Law and the Law on the Basis of Social Protection, Protection of Civilian Victims of War and Protection of the Family with Children, which states that compensation instead of salary for a woman – mother in employment is determined as a percentage of the realized salary in the period from six months before giving birth, valorised on the basis of wage growth in the cantonal area during that period. The percentage of salary is determined by the cantonal rule. The period for which the average salary is calculated also differs in cantons.
Considering that the fees in most cantons are calculated in relation to the average salary in the Federation, and that their amount varies slightly each month, for a simpler presentation of the maternity income per canton, we will use the average salary for the Federation for 2018, which amounted to 889 KM.

Sarajevo Canton

According to the Law on Social Protection, Protection of Civilian Victims of War and Protection of the Family with the Children of Sarajevo Canton, for women employed for at least 12 months before departure for maternity leave, the salary amounts to 60% of the average salary in the Federation or 533 KM, for one year.

A mother who has completed a contract of employment for less than 12 months, as well as a unemployed mother, is entitled to the amount of compensation of 30% of the average salary, or 266 KM.

The right to one-time assistance for the equipment of a new-born child in the amount of 311 KM, and assistance in the nutrition of a child up to six months and additional nutrition, is realized only if the conditions for the right to child allowance are fulfilled. Children’s allowance is provided to families whose income per household member does not exceed the amount of 177 KM.

Unsko-sanski Canton

In this canton, the issue of a family with children is regulated by the Law on Social Protection, Protection of Civil War Victims and Protection of the Family with Children of the Unsko – Sanski Canton. The mother who is employed (registered with the pension – disability and health insurance), is entitled to compensation of 50% of her average salary realized in the previous six months. The amount of the compensation is determined for each mother separately, but this amount cannot be less than 50% of the average salary in the Canton area in the previous year.

Financial assistance during the delivery of a woman who is not in employment is realized in the form of one-time assistance in the amount of 100 KM.

Tuzla Canton

According to the Law on Social Protection, Protection of Civil War Victims and Protection of the Family with Children of the Tuzla Canton, compensation instead of salary is determined in the percentage of 90% of the average salary earned in the period of six months before the birth, valorised based on salary growth in the Canton area during that period, but cannot be lower than 30% of the average salary. The salary compensation is calculated and paid by the employer from its own funds.

Unemployed mothers in TC do not receive a monthly allowance, except that from 2017, one-time financial support for maternity workers in the amount of 20% of the average salary in the canton is paid.

One-time assistance for the new-born child’s equipment in the amount of 15% of the average salary, child nutrition for up to 6 months, and the nutrition allowance for mothers is realized if the conditions for the child allowance are fulfilled, or if the monthly income in the family per household member does not exceed the amount of 15% of the average salary.

Zeničko-dobojski Canton

The Law on Social Protection, Protection of Civilian Victims of War and Protection of the Family with Children of ZE-DO Canton, compensation for women-mothers in employment is paid during the use of maternity leave and amounts to 80% of the average salary earned by the woman for a period of six months before childbirth, but it cannot be higher than the average, the last published salary of the Canton. In addition to this compensation, the employer can pay the funds up to the full amount of the salary of an employee who is on maternity leave.

If the mother did not receive or did not regularly receive a salary in the six months prior to delivery, the fee may not be less than 200 KM.

Financial assistance for a non-working mother is realized in the form of one-time financial assistance of 150 KM, but provided that the monthly income of the household, realized in the period of six months prior to delivery, does not exceed the amount of 50% of the average salary of the Canton. Families fulfilling these conditions also have the right to one-time assistance for the equipment of a new-born baby, for the support of a child’s diet for up to 6 months and additional nutrition for mothers.

Bosansko-podrinjski Canton

For employed mothers, the compensation is determined in the percentage of 80% of the salary realized in the period of 6 months before the birth, but cannot be less than 70% of the last published average salary in the Canton economy, it is stated in the Law on Social Protection, Protection of Civil Victims of the War and Families with the Children of the Bosansko-podrinjski Canton.

A mother who is not in employment receives a fee of 150 KM for a period of 12 months.

One-time assistance for the new-born child’s equipment in the amount of 35% of the last published salary in the Canton economy and child nutrition for up to six months and additional nutrition for mothers are realized if the conditions for allowance for children are fulfilled (family whose monthly income per member households do not exceed 25% of the average salary of the Canton economy).

Srednjobosanski Canton

The Law on Social Protection, the Protection of Civilian Victims of War and the Protection of Families with Children, regulates this issue in the Srednjobosanski Canton. Compensation in lieu of salary to mothers in employment is determined in the percentage in which the employer regularly pays contributions for pension and disability, and maternity health insurance, but cannot exceed 50% of the amount of salary realized for a period of six months before delivery.

Financial assistance to a non-working mother is realized as a one-off financial assistance in the amount of 35% of the average salary earned in the previous year in the Canton.

The right to single-handed assistance for new-born equipment has a mother if her household can exercise the right to child allowance, or if the total monthly income of the family per household member does not exceed the amount of 22% of the average salary in the Canton.

Only the beneficiaries of the right to child allowance have the right to help in the nutrition of a child up to six months and additional nutrition for mothers.

Hercegovačko-neretvanski Canton

By 2017, there was no law in the Canton governing maternity rights. Now, according the Law on the Protection of the Family with the Children of the Hercegovačko-neretvanski Canton, a mother receives compensation for a year, in the amount of 40% of the average salary earned over a period of six months before the beginning of the use of maternity leave. The fee cannot be higher than the amount of the average salary paid in the Federation in the previous year.

Financial support for a mother who is not in employment is 177 KM in the six-month period, provided that the total income per household member does not exceed 133 KM.

The mother can exercise the right to a child allowance if the total monthly income per household member does not exceed 15% of the average salary earned in the previous year in the Federation of B&H.

One-time support for new-born baby equipment is provided for every new-born child if the conditions for the right to child allowance are fulfilled.

Zapadnohercegovački Canton

According to the Law of Social Protection, the Protection of Civilian War Victims and the Protection of Families with the Children of the Zapadnohercegovački Canton, compensation for mothers in employment is established for the first six months in the percentage of 80% of its realized salary to which contributions have been paid for a period of six months before birth, and for the remaining six months in a fixed amount determined by the Government of the County by a decision.

Non-working women are entitled to monetary assistance in the amount of 250 KM for a period of six months.

Canton 10

The rights of employed mothers are regulated by the Decision on the right to compensation for wages for women-mother, during absence from work for the purpose of pregnancy, childbirth and care of the child. The right to compensation instead of salary for a period of 12 months is realized by a mother who has reached a working period of at least one month immediately before the beginning of the use of maternity leave. The fee is determined in the one hundredth of the amount of salary earned in the previous month, although the fee cannot be higher than the average salary, nor less than the lowest salary in the territory of the Federation of BiH according to the latest published data.

The employer can make a payment to the mother for the difference in salary compensation up to the amount of one-hundred-percent salary or pay the entire salary compensation at the expense of his / her assets.

By the Decision on the right to monetary compensation for unmarried mothers, the right is realized from the date of birth of the child to the age of one year of the child. The fee is 100 KM per month.

Posavski Canton

According to the Law on Maternity Benefits for the Employees of the Posavski Canton, the right to compensation is provided by a mother who has been employed for at least six months continuously before the childbirth. The fee is paid twelve months in the amount of 80% of its average net salary, but cannot be higher than 500 KM per month, nor less than the lowest net salary in the territory of the Federation of Bosnia and Herzegovina.

The employer may, at the expense of his own funds, make a payment to the mother of the difference in salary compensation up to the amount of one hundredth of a salary or pay the entire salary compensation.

Compensation for unemployed mothers is not regulated by law, but determined by annual decisions, and paid for a period of six months in the amount of 150 KM per month.

REPUBLIKA SRPSKA

In Republika Srpska, maternal issue is regulated by the Labour Law and the Child Protection Act, and a special fund – the Public Fund for Child Protection for maternity financing has been established.

During pregnancy, childbirth and care, a woman has the right to maternity leave for one year continuously, and for twins and every third and next child, for 18 months. During the use of maternity leave, women are entitled to salary compensation in the amount of the average salary earned during the last 12 months. The fee is adjusted on a monthly basis with the increase in average salaries in the entity.

Help for new-born equipment is provided by a mother for every new-born regardless of material status. It costs 250 KM in one-time amount.

The maternity income is realized by the unemployed mother (6 months before the birth) for a period of 12 months, and for twins and every third child 18 months and it amounts to 405 KM.

The child allowance receives the mother for the second, third and fourth child in the family, depending on the material position of the family, or if the monthly income per family member does not exceed the amount of 20% of the lowest salary in the RS in the previous year for the second child, 21% for third child and 23% for the fourth child.

Regardless of the material status, the mother has the right to a pro-natality benefit for a third and fourth-born child, which amounts to: in a single amount of 600 KM for a third-born child and 450 KM for a four-year-old child.

BRČKO DISTRICT

In Brčko, this issue is regulated by the Labour Law and the Law on Child Protection, according to which the salary compensation during maternity leave of 12 months (for twins 18 months) is realized at the expense of the Brčko District budget, provided that the contributions for pension and health insurance are paid. The fee is 50% of the last published average salary in the District.

A woman who after maternity leave works full-time has the right to leave her job twice a day for one hour for breastfeeding a child which can use up to one year of child’s life.

The right to maternity allowance is provided by unemployed mothers. It amounts to 15% of the average salary, and is realized over a period of three months.

The right to assistance for new-born equipment is realized without exception for every new-born child in the family.

POSSIBLE IMPROVEMENT OF THE POSITION OF MOTHERS

The Special Report of the Human Rights Ombudsman Institution in B&H confirmed discrimination against mothers in the Federation of BiH. In order to systematically regulate this issue, the most effective solution would be the complete transfer of competencies for this issue from the level of the canton to the level of the Federation of B&H, and the establishment of a maternity benefit fund through the adoption of a new law. This would equate all mothers, regardless of the sector in which the cantons in which they live work. Within this reform, it is also necessary to regulate maternity benefits for unemployed women.

Also, better supervision of law enforcement is needed, because, even when they are entitled to it, mothers often remain deprived of compensation or have to wait for months to pay.

Many European countries have equated mothers and fathers in labour laws and maternity benefits. In seeking new solutions to this issue in BiH, it should be aimed at combating sexual inequality that is present in existing laws. Namely, fathers can use the maternity law provided for parental leave (60 days in Republika Srpska and 42 days in FB&H) and compensation only in case of mother’s death, if the mother leaves the child or if she cannot use maternity leave for other justified reasons. The remainder of the parental leave and the remuneration belonging to the parents can be used by the mother or father according to their agreement.

It is commendable that the valid Labour Law of the FB&H and the Labour Law in the RS enable the use of parental leave for both parents, which we consider a good solution, but there is still a need to improve laws and regulations concerning the status and rights of parents on parental leave.

With the aim of improving the current regulation of maternity leave and protection against discrimination, at the beginning of 2018, amendments were introduced to the Labour Law in the institutions of B&H, which aim to improve the recognition, protection and exercise of rights in the use of maternity / parental leave. Some of the amendments were made in cooperation with Sarajevo Open Centre, and the proposal for amendments is available at the following link: http://soc.ba/site/wp-content/uploads/2018/04/Prijedlog-amandmana-na-Zakon-o -radu-in-institutions-BiH.pdf. Also, Sarajevo Open Centre offered a proposal for amendments to the Labour Law of FB&H that should be implemented in order to improve the protection of the rights of workers and workers in relation to motherhood, fatherhood and care of children, and to create better conditions for achieving gender equality in family and social life. Amendments are proposed in the next publication, and their intention is to create a more favourable environment for family establishment and ensure the balance of business and private life.