Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Maternity Protection Convention (Revised), 1952 (No. 103) - Guatemala (Ratification: 1989)

Article 3(2) and (3) of the Convention. Compulsory period of postnatal leave. The Committee notes the Government’s indication in its report that to date no measures have been taken to incorporate an explicit provision into the national legislative framework relating to the compulsory period of postnatal leave. The Committee recalls that the Convention requires the establishment of a compulsory period of postnatal leave of no less than six weeks, after childbirth. Accordingly, the Committee urges the Government to take the necessary measures, as soon as possible, to incorporate an explicit provision into national legislation to guarantee the compulsory nature of a period of postnatal leave of no less than six weeks.

Article 4. Cash and medical maternity benefits. Suspension. The Committee notes the Government’s indication that the Guatemalan Social Security Institute (IGSS) is reportedly conducting internal assessments of the request to revoke sections 48(c), 149(c) and 71(c) of Agreements Nos 410, 466 and 468 of the Administrative Board of the Institute, which provide for the suspension of maternity benefits in the event of blatantly anti-social behaviour of the beneficiary, suspension which is not permitted by the Convention. The Committee expects that the internal assessment of the IGSS will enable the Government to take the necessary measures to revoke sections 48(c), 149(c) and 71(c) of Agreements Nos 410, 466 and 468.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2027.]