Ghana is currently considering the adoption of a new labor bill to revise and consolidate employment-related laws and improve worker protections. Key proposed changes include an increase in employer-paid maternity leave from 12 to 14 weeks and the introduction of paternity leave and compassionate leave.
Background
A draft labor bill (the “Bill”) has been in progress in Ghana since 2023, with a revised edition published in 2024 for public feedback. The Bill still needs to be considered and approved by parliament. At this point, the passage of the Bill is not certain, and the timeline for potential approval remains unclear.
Key details
The most relevant proposed changes for employers to note include the following:
Increase in maternity leave
Under the current Labour Act, 2003, female employees are entitled to at least 12 weeks of employer-paid maternity leave with full pay and benefits, to be taken after confinement. The Bill proposes increasing employer-paid maternity leave to at least 14 weeks.
Maternity leave for stillbirth or loss of baby
The existing law is silent on how maternity leave operates in the event of a stillbirth or loss of a baby. The Bill proposes that if a female employee experiences a stillbirth or loses the baby either before starting or during her maternity leave, the employee remains entitled to take or complete the full maternity leave period. The employee may also be granted any additional leave as certified by a medical practitioner. The Bill does not specify any limit on the length of this additional leave.
Prohibition against overtime for working mothers
Under the existing law, employers are not allowed to assign overtime to mothers with children under eight months old. The Bill proposes expanding this protection to mothers with children under the age of one.
Introduction of paternity leave
There is currently no paternity leave entitlement in Ghana.
The Bill proposes the introduction of at least five days of paternity leave for male workers, to be taken within three months after their wife or wife’s surrogate has given birth, or three months after adoption of a child below one year of age. To use this leave, the employee must provide the employer with proof of the birth or adoption. Employees will be limited to one paternity leave within a period of 24 months. However, the Bill does not specify whether the leave is paid or unpaid.
Introduction of compassionate leave
The Bill proposes the introduction of a new compassionate leave entitlement of up to five days in the following situations:
The employee loses a spouse, child, parent, or sibling, or receives the news of the admission of a spouse, child, or parent to a medical facility in an emergency
There is a fire outbreak, robbery, or break-in at the employee’s home
There is any other serious emergency that affects the employee
An employee must apply for compassionate leave in writing, and the employer is only required to grant the leave, effective from the date specified in the application, if they agree that the employee’s situation justifies it.
While the Bill expressly states that compassionate leave shall not be construed as part of annual leave, it does not specify whether compassionate leave is paid or unpaid.
Employer action: PREPARE TO ACT
As the Bill is still undergoing consideration and has yet to be passed, it remains subject to potential amendments. Employers should monitor the legislative process and prepare to amend their leave policies and procedures if the Bill passes.
If the Bill changes materially or passes, the Lockton Global People Solutions Compliance Practice will update this article accordingly.
Further Information
Revised Labour Bill, 2024 (opens a new window)
