The year 2022 was marked by a series of legislative reforms aimed at guaranteeing more rights to citizens. To increase maternity protection, a new decree-law comes into force that gives more guarantees to pregnant women in solidarity, as one of the figures recognized by the new Family Code.
Las Tunas, Cuba.- Lawyer Nuris Luisa Lerma Mayo, head of Work Team 4 of the Unit of Collective Law Firms in Las Tunas, explained that Decree Law 71, which came into force in May this year, modified Decree Law 56 on Maternity of 13 October 2021. "We are in the presence of a brief but very important legal norm, in which the subjects recognized by the previous provision are extended to favor a shared responsibility for maternity."
"The first article talks about the objectives in general, it argues why it was implemented, which seeks to ensure and facilitate medical care for working women during pregnancy, pre-and post-natal rest, breastfeeding, and permission for both parents to care for their children."
One of the particularities of this decree is that when talking about children, it refers to the child. "It also stipulates the importance of monetary benefits at 34 weeks of gestation, in the case of a single pregnancy, and from 32 weeks onwards in the case of a multiple pregnancy.”
The most innovative aspect is the protection for working women who are pregnant in solidarity, where it is reaffirmed that during this process, all the rights contained in the legislation will be recognized, with the specificities provided for in Chapter 7.
"It is recognized that these women, just like any other pregnant woman, can take time off work at 34 weeks, and the same in the case of multiple pregnancies. They are guaranteed a six-week postnatal leave, which is necessary for their recovery, and after this period they must return to their workplace," she continues.
The same benefits will be granted to workers who are in charge of the child's care.
"In the case of the parents who used this solidarity womb, they will have the right - if they are workers - to six to 12 days, half of a paid leave to be able to accompany the pregnant women in solidarity to all their medical and stomatological consultations...; in other words, they are given this guarantee, they are given this recognition as if they were the pregnant woman herself.”
"After the birth of the child, the father or mother who assumes the care of the newborn will have the right to a 12-week postnatal leave; at the end of this leave, the parents must decide which of them will assume the care of the child and whoever is left with this responsibility will receive the same social benefits that all women who have recently given birth receive.”
"This title of the solidarity gestation provides that the care can also be exercised by one of the working grandparents, so the amount must be calculated according to the procedure, and the average salary of the recipient is taken as a basis.”
"It also grants financial support to the mother or father of a sick child under 17 years of age, or one of the working grandparents, who takes care of the child. It also grants the right to enjoy the social benefit to one of the working grandparents who are in charge of the minor, whose mother is a student, to help ensure the continuity of studies and their autonomy.”
"We are in the presence of a regulation that guarantees differentiated treatment when the child requires special attention.”
