A Consultancy to Develop a Business Case for a Social Insurance Based Maternity Income Protection At International Labour Organization

Terms of Reference: A Consultancy to Develop a Business Case for a Social Insurance Based Maternity Income Protection

Background and Introduction

Women constitute a significant proportion of the working population in Kenya, yet many face financial challenges during maternity leave particularly those who work in micro and small enterprises and the informal economy who receive little to no maternity benefits. Lack of adequate income protection during maternity leave can lead to increased financial stress and poverty among mothers, reduced maternal and child health outcomes due to economic pressures and inequities in the workforce, as women may be forced to return to work pre-maturely or opt-out of the labour force altogether.

The ILO Convention 102 on Minimum Standards on Social Security identifies Maternity Benefit as one of the nine branches of social security. Article 47 of C102 states that ‘the contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earnings, as defined by national laws or regulations, resulting therefrom’. It further categorizes the persons who qualify for the benefit, instances where medi-care is to be considered and the calculation for payment of a person who has been confined as a result of pregnancy.

Convention No. 183, 2000 is the most up to date International Labour Standard on maternity protection. Convention 183 provides for 14 weeks of maternity benefit to women to whom the instrument applies; women who are absent from work on maternity leave shall be entitled to a cash benefit which ensures that they can maintain themselves and their child in proper conditions of health and with a suitable standard of living and which shall be no less than two-thirds of her previous earnings or a comparable amount. The convention also requires ratifying states to take measures to ensure that a pregnant woman or nursing mother is not obliged to perform work which has been determined to be harmful to her health or that of her child, and provides for protection from discrimination based on maternity. The standard also prohibits employers to terminate the employment of a woman during pregnancy or absence on maternity leave, or during a period following her return to work, except on grounds unrelated to pregnancy, childbirth and its consequences, or nursing. Women returning to work must be returned to the same position or an equivalent position paid at the same rate. Also provides a woman the right to one or more daily breaks or a daily reduction of hours of work to breastfeed her child. The ILO Recommendation 202 on Social Protection Floors provides for basic social security guarantees to include income security, at least at a nationally defined minimum level, for persons in active age who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity and disability.

Kenya has over the years made some gains on maternity protection however not all elements of maternity protection are provided for in the legislation. The Constitution of Kenya of 2010 is the supreme law and guarantees people of Kenya to Social and Economic rights to ensure that that all live in dignity. Among the Social and Economic rights to be enjoyed are healthcare services, adequate housing and reasonable standards of sanitation, adequate food of acceptable quality, clean and safe water, social security and education. The State shall provide appropriate social security to persons who are unable to support themselves and their dependants (Article 43). While Section 29 of Employment Act, 2007 provides that a female employee shall be entitled to maternity leave on full pay if she gives not less than seven days written notice in advance, or a shorter period as may be reasonable in the circumstances, of her intention to proceed on maternity leave. A female employee who seeks to exercise her right to maternity leave shall, if required by the employer, produce a certificate as to her medical condition from a qualified medical practitioner or midwife. A female employee is entitled to three months maternity leave in addition to any period of annual leave she is entitled to, and sick leave if she happens to fall sick during her time of confinement and with the consent of the employer. There is no limit on the number of times an employee can take maternity leave. A female worker who takes maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled. The Employment Act further provides for Paternity Leave of two weeks to the father of the newborn. The legislation provides for paid maternity and paternity leave are on an employers’ liability basis.

Provision of maternity benefits through a social insurance based system can play a significant role in improving maternal and child health outcomes, reducing financial burden, and promoting gender equality in the workplace. It is in this regard that the ILO seeks for a consultant to develop a Business Case for a Social Insurance Based Maternity Income Protection scheme in Kenya with a clear framework on how it can be implemented to enable the country to transition from an employer liability system.

Objective

To develop a Business Case for the Introduction of a Social Insurance Based Maternity Income Protection with a Framework on its Implementation.

Scope of Work

1. Desk review on policy and legislative position on Maternity Income Protection in Kenya identifying differences amongst formal (public and private), informal and rural economy in Kenya. Identification of country examples on maternity income protection with comparatives on similar economies
2. Conduct key informant interviews with world of work stakeholders to establish the practice on maternity income protection
3. Develop a Business Case for a Social Insurance Based Maternity Income Protection outlining the need, objectives, implementation strategies, and expected outcomes of introducing a Maternity Income Protection program in Kenya and also taking into account cost comparatives
4. Present Business Case to a key stakeholder forum to enhance a common understanding on a Social Insurance Based MIP
5. Develop an advocacy brief for social insurance based maternity income protection

Expected Products

The Individual Consultant will be expected to deliver the following:

1. Brief on the status of Kenya situation on Maternity Income Protection
2. Global comparatives and specific examples of maternity income protection with similar economies
3. Business Case for a Social Insurance Based Maternity Income Protection taking into account cost comparatives
4. An advocacy brief for social insurance based maternity income protection

Timeline

Q3/Q4 of 2024

Logistics

The Individual Consultant will plan and organize own logistics including travel, accommodation and meetings

Required qualifications, desired competencies, technical background and experience

Technical expertise

• Relevant advanced academic degree (Social sciences, development studies, economics or related fields); previous experience leading teams; knowledge of social protection programs; health policies; labour markets; social security benefits and, maternity benefits.
• Demonstrated international/local experience in undertaking complex social and public policy analysis;
• Demonstrated ability for managing stakeholders and high-level government, employers and workers’ representatives.
• Ability to facilitate consultative/validation workshop towards consensus building.
• Excellent writing and communication skills in English.
• Proven ability to: (i) handle multiple tasks under pressure with short deadlines; (ii) ability to work independently, seeking guidance on complex issues; and (iii) excellent interpersonal skills, proven team orientation and the ability to work across unit boundaries.