Tanzania’s maternity leave reform: Big win for workers’ rights

TANZANIA’S decision to extend maternity leave for employees who give birth to premature babies marks a significant milestone in labour rights.

This legislative change, enacted through amendments to the Employment and Labour Relations Act, Cap. 366, reflects the government’s recognition of the unique challenges faced by parents of preterm infants.

With the amendment, maternity leave now accounts for the time a pregnancy would have been completed, ensuring that mothers receive adequate paid leave up to 40 weeks post-birth.

This policy shift is not merely an administrative adjustment but a substantive reform with far-reaching implications for maternal and infant health, workplace productivity, and gender equality.

The move aligns Tanzania with global trends in prioritizing workers’ rights, particularly in balancing professional obligations with family responsibilities.

The World Health Organization (WHO) estimates that preterm birth complications are the leading cause of neonatal deaths worldwide.

Babies born prematurely require extensive medical care, including incubator support, specialized feeding, and constant monitoring. In this context, Tanzania’s decision to extend maternity leave acknowledges the medical reality that preterm babies need extra care, not only from hospitals but from their mothers.

From an economic standpoint, extending maternity leave could yield long-term benefits. Research has consistently shown that adequate maternity leave improves maternal mental health, reduces infant mortality, and enhances cognitive development in children.

A healthy workforce is a productive workforce, and by allowing new mothers additional time to care for their children, the government may indirectly reduce absenteeism, increase employee satisfaction, and improve workplace morale.

The amendment also addresses a longstanding fear among working mothers—job insecurity due to childbirth complications. Many women previously faced the dilemma of choosing between job security and their child’s well-being.

With the new law, maternity leave begins when the baby reaches full term (40 weeks), ensuring that women do not lose their paid leave entitlement simply because their child was born prematurely.

This change helps dismantle systemic barriers that disproportionately affect women in the workplace. While Tanzania has made strides in gender equality, pregnancy-related job discrimination remains a concern.

By legally safeguarding maternity leave, the government sends a strong message that women should not have to sacrifice their careers due to medical circumstances beyond their control.

While much of the focus has been on maternity leave, the reform also increases paternity leave from three to seven days. Although still relatively short compared to international standards, this change signifies growing recognition of fathers’ roles in childcare.

Involving fathers in early childcare strengthens family bonds and promotes gender equality both at home and in the workplace something that all governments of the people for the people and by the people strive to make such a welfare a growing reality.

Several studies have indicated that when fathers take paternity leave, children experience better cognitive and emotional development, and mothers are less likely to suffer from postpartum depression.

This shift, albeit modest, encourages a more balanced division of caregiving responsibilities, which is crucial for breaking traditional gender norms in Tanzania.

We all are aware about–though at times we may be a little deffensive–men in the country and Africa at large are socialised in a manner that they develop a a belief that child rearing is solely a feminine task and a woman’s responsibility.

Apart from maternity and paternity leave, the amendments introduce several other changes that seek to modernize Tanzania’s labor laws. Employers can now grant up to 30 days of unpaid leave for workers facing personal disasters.

This provision acknowledges that employees sometimes require time off for unforeseen circumstances without fear of termination.

By broadening the definition of senior management, the amendments clarify which employees can exercise their right to union membership. This ensures that workers at various levels have a stronger voice in labor negotiations.

Additionally, the government has expanded the conditions under which fixed-term contracts are permitted. This change is particularly relevant for seasonal employment, recent graduates, and industries with fluctuating workloads.

The new Section 16A allows employees and employers to negotiate work arrangements during crises, ensuring job security while maintaining productivity.

Amendments to Sections 37 and 40 aim to prevent employers from interfering with ongoing labor disputes and introduce a cap on compensation for unfair termination. These changes attempt to balance workers’ rights with the need to prevent excessive claims against employers.

Section 73 has been amended to allow trade unions to jointly negotiate collective agreements, fostering better employer-employee relations.

The amendment to Section 86 mandates the presence of both parties during labor mediation and restricts employer representation to official company representatives, ensuring a fairer dispute resolution process.

These legislative changes suggest a broader shift in Tanzania’s labor policy. Historically, labor laws in many African countries have been rigid, often favoring employers over employees. The amendments represent a shift toward a more balanced framework that considers both economic productivity and workers’ rights.

However, questions remain about enforcement. While the laws provide stronger legal protections, their effectiveness will depend on strict implementation and employer compliance.

Many workers, especially in the informal sector, still lack access to maternity benefits, and efforts must be made to extend these protections beyond the formal economy.

Labour unions and health organizations have overwhelmingly welcomed the changes. The Reproductive Health Rights Network and the Tanzania Union of Government and Health Employees (TUGHE) have commended the government for prioritizing this issue.

Dr Jane Mandete of TUGHE hailed the decision as a landmark victory for working mothers, emphasizing that it will alleviate fears of job loss among women with premature babies.

Similarly, the Doris Mollel Foundation, a key advocate for neonatal care, acknowledged the struggle in convincing the government to make this change. This recognition highlights the role of civil society in shaping labor policies and advocating for workers’ rights.

Despite this progress, activists argue that more reforms are needed. Calls for longer paternity leave, better protections for informal sector workers, and stricter enforcement mechanisms are likely to follow.

Moreover, questions about how small and medium-sized enterprises (SMEs) will cope with extended maternity leave remain unresolved.

Tanzania’s recent labor law amendments mark a commendable step in improving workers’ rights, particularly for mothers of premature infants. The extension of maternity leave reflects an evolving understanding of workplace equity, reproductive health, and gender inclusion.

The increase in paternity leave, improvements in trade union rights, and new labor protections further solidify Tanzania’s progress toward a fairer labor system.

However, the real impact of these changes will depend on their implementation. Ensuring compliance, addressing gaps in informal employment, and continuing to advocate for broader worker protections will be crucial in the coming years.

While this legislative victory is worth celebrating, it should be seen as part of a larger, ongoing movement toward strengthening labour rights in Tanzania.