7. The following new Part is hereby inserted immediately after section 18, and shall have effect as Part Ia, of the principal Act: -
| 18A. This Part shall apply to every female person employed in or about the business of a shop or office. |
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| 18B.
| | (1) A female employee to whom this Part applies shall, upon giving notice to her employer that she expects to be confined within fourteen days from the date specified in the notice, be entitled to leave for the period commencing on that date and ending on the day immediately preceding the date of her confinement, and her employer shall allow such leave. | | |
| | (2) A female employee to whom this Part applies shall, if she is confined, be entitled to take and shall take leave for a period of twenty-eight days commenc-ing on the date of her confinement, and her employer shall allow such leave. | | |
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| 18C.
| | (1) Where a female employee to whom this Part applies takes leave in accordance with subsection (1) of section 18b, she shall be paid full remuneration for the entire period of the leave if that period does not exceed fourteen days or for fourteen days of that period if that period exceeds fourteen days. | | |
| | (2) A female employee to whom this Part applies shall be paid full remuneration for the entire period of the leave which she is required by subsection (2) of section 18Bb to take. | | |
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| 18D.
| | (1) Where a female employee to whom this Part applies gives notice to her employer that she expects to be confined within such period (not exceeding three months), from the date specified in the notice, as may be so specified, she shall not be employed, or be caused or permitted to be employed, during the period commencing on that date and ending on the date immediately preceding the date of her confinement, on any such work as may be injurious to her or her child. | | |
| | (2) A female employee referred to in subsection (1) who is confined shall not be employed, or be caused or permitted to be employed, during the period of three months commencing on the date of her confinement, on any work referred to in that subsection. | | |
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| 18E.
| | (1) The employment of any female employee to whom this Part applies shall not be terminated by reason only of her pregnancy or confinement or of any illness consequent on her pregnancy or confinement. | | |
| | (2) Where an employer is prosecuted for the offence of acting in contravention of the provisions of subsection (1), the burden of proving that the employment of the female employee was terminated by reason of some fact other than her pregnancy or confinement or any illness consequent on her pregnancy or confinement shall be upon the employer. | | |
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| 18F. When a female employee to whom this Part applies is absent on leave in accordance with the provisions of this Part, her employer shall not give her notice of dismissal during such absence or on such a day that the notice will expire during such absence. |
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| 18G. In this Part-
| | (a) the expression " confinement" means labour resulting in the issue of a child whether alive or dead, or the issue of a viable foetus, and the expression " confined " shall be construed accordingly ; and | | |
| | (b) the expression "viable foetus" means a foetus of at least twenty-eight weeks' gestation and, in the event of there being any doubt, one of the following conditions shall be satisfied for a foetus to be considered twenty-eight weeks old : -
| | | (a) the length of the foetus shall be at least twelve inches ; or |
| (b) the weight of the foetus shall be at least two pounds. |
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| 18H. The leave to which a female employee is entitled under this Part shall be in addition to any holiday or leave to which she is entitled under any other Part.'. |
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Sri Lanka Consolidated Acts