RIGHTS of a pregnant working woman – Part 1
In a series of features aimed at educating employees and their employers on their pregnancy-related rights and obligations, pregnant staff writers and Nairobi advocate Angela Ndambuki explore this complex subject.
Like any other employee, a pregnant woman is entitled to all the rights and obligations that accrue to an employee, in addition to the special rights and obligations arising as a result of her pregnancy.
Maryanne is a university graduate looking for a job. She has been ‘tarmacking’ for several months. She is married without children, but in the past six months pressure has been mounting from her husband and in-laws that she gets a baby. Her plan has been simple: get a job, and then get pregnant. But her plans have been jeorpardised by the long wait to get a job. She has recently discovered she is pregnant! Luckily-as if pregnancy was the prerequisite to getting a job-she has started receiving calls inviting her for job interviews.
She has been interviewed for her dream job at her dream company, and has passed two stages, including a practical test. Now she is facing the ultimate interviewee who is also the chairman of the board of directors. As Maryanne sits in front of him, he looks her straight in the eye and tells her that she is well qualified to join the company. Then suddenly a messenger of doom seems to descend into the room. She cannot believe the question he has just asked: ‘Are you pregnant?’
Maryanne is sure that her two-month-old pregnancy is not visible. She recalls stories she has heard that pregnant candidates do not usually succeed in getting hired. She hesitates then says honestly, ‘Yes, I am pregnant.’ Silence. ‘I am dead meat!’ she thinks fearfully and wants to kick herself. ‘What a damn fool I am! I should have said no!’
Mr. Chairman smiles warmly then delivers the verdict: ‘You are hired!’ Maryanne is daring enough to seek an explanation from Mr. Chairman. ‘You gave me an honest answer where others whom I have hired opted to lie. It is responsible of a new employee who is pregnant when she’s being hired to declare so, as she will soon be asking for long leave. Now that in your case it is clear and we know in advance that you are pregnant, there will be no misunderstanding.’
Maryanne may think she was favoured but the truth is that Mr. Chairman was following the law. Had he failed to hire her because of her pregnancy, and assuming Maryanne could prove that she was well qualified for the job, she could have successfully sued for discrimination.
The labour laws of Kenya are contained in the following legislations: Cap 226 of the Employment Act, Cap 229 of the Regulation of Wages and Conditions of Employment Act, Cap 333 of the Trade Union Act, Cap 234 of the Trade Dispute Act, Cap 236 of the Workmen’s Compensation Act and Cap 514 of the Factory Act.
Provisions in’ the Kenyan labour laws are not entirely the same as those of the International Labour Organisation’s (ILO conventions and recommendations, of which Kenya is a signatory. Accordingly, Kenya’s labour laws are being revised to ensure they are harmonised. A taskforce to undertake this review was appointed by the Attorney General in May 2001.
Laws notwithstanding, one needs to take a critical look at why some employers ‘fear’ hiring or keeping pregnant staff, and on the other hand why some employees feel insecure as soon as they become pregnant.
END: PG MAY 07/9