The Public Interest Law Centre (PILC) is preparing to contest a government policy that requires bereaved mothers to return to work as early as the day after the death of their infant during maternity leave. According to local media, two government agencies have been implicated in enforcing this directive, which PILC has described as deeply insensitive to the emotional and physical challenges faced by grieving mothers.
PILC Vice President Abdulla Nahid revealed that the centre is compiling evidence to bring the matter before the Employment Tribunal. The policy first came to PILC’s attention through the case of a mother who, approximately 18 months ago, was instructed to return to work just one day after losing her four-month-old child. When the issue was raised with the Civil Service Commission, the directive was reportedly justified based on a letter from the President’s Office. The family was subsequently advised to seek redress through the tribunal process.
A similar incident involving a government ministry was also reported, where a female employee was told to resume work the day after her newborn died at two months old. PILC has argued that such policies are not only unacceptable but also harmful, adding that similar practices have occurred in the past.
A Global Perspective on Bereavement Leave
The policy under scrutiny starkly contrasts with practices in other countries. In the United Kingdom, the Parental Bereavement (Leave and Pay) Act 2018 allows employees two weeks of statutory bereavement leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. This leave, which can be taken within 56 weeks of the child’s death, provides parents the opportunity to grieve without the immediate pressure of returning to work.
In Australia, the Fair Work Act 2009 includes “compassionate leave” provisions, granting employees up to two days of paid leave per occasion for family deaths, including that of a child. Meanwhile, New Zealand passed the Bereavement Leave for Miscarriage Bill in 2021, which offers three days of paid leave to individuals experiencing miscarriage or stillbirth.
In the United States, bereavement leave policies are less uniform, with no federal mandate. However, many employers provide leave as part of their benefits packages, and federal employees can take up to 13 days of sick leave annually for family care and bereavement purposes.
Towards Compassionate Reform
The cases highlighted by PILC underline the need for a more compassionate approach to bereavement policies in the Maldives. PILC’s efforts aim to ensure that grieving mothers are afforded the dignity and time necessary to process their loss without the undue burden of immediate work obligations. Advocates hope that this legal challenge will pave the way for reforms that align local regulations with international standards, recognising the profound impact of infant loss on families.
