Article 16 of Law No. 5953 deals with pregnancy in the same article as military service and settles two things at once: the length of the leave and the pay during it.
The Length of the Leave
The article provides that a female journalist is treated as on leave from the seventh month of pregnancy to the end of the second month after the birth.
| Stage | Timing |
|---|---|
| Start of leave | The seventh month of pregnancy |
| End of leave | The end of the second month after the birth |
| Approximate total | Four months |
Pay: Half the Last Wage
The article also fixes the payment: during this period the establishment pays the journalist half her last wage.
If the Birth Does Not Take Place
The article also covers the adverse case: where the birth does not take place or the child is stillborn, the same wage is paid for one month from that event.
| Situation | Payment period |
|---|---|
| Normal birth | From the 7th month of pregnancy to the end of the 2nd month after the birth |
| No birth, or a stillbirth | One month from the event |
Do Not Confuse This with Paternity Leave
The three days of leave for the birth of a child in Article 19 is a separate right corresponding to paternity leave. The pregnancy leave in Article 16 is specific to the female journalist and runs for roughly four months.
Compassionate leave is covered in the compassionate leave article.
It Does Not Count Against Annual Leave
Article 19 provides that extraordinary leave does not count as annual leave. Pregnancy leave likewise does not remove the journalist's annual leave entitlement under Article 21 (four or six weeks); the two rights run separately.
The Sanction for Non-Payment
Article 27(c) provides an administrative fine for each journalist against an employer who does not pay the military service and pregnancy pay under Article 16.
Relationship with General Legislation
Bottom Line
A female journalist is treated as on leave from the seventh month of pregnancy to the end of the second month after the birth and receives half her last wage throughout. Insurance benefits do not affect this payment. Where the birth does not take place or the child is stillborn, the payment runs for one month from the event.