There is prohibition of dismissal on account of pregnancy and provisions exist for nursing breaks when women return to work. The Ministerio de Trabajo y Previson Social and Oficina Nacional de la Mujer, in collaboration with the Comision Nacional de Promocion de la Lactancia Materna has developed an illustrated booklet to inform women about existing laws. Costs A central issue in the debate concerning maternity leave is who should pay for it and how. A common argument against paid maternity leave is that it is costly to the employer. To estimate the true cost of maternity leave, employers need to consider the cost of alternatives, for example, the cost of replacing the employee.
Studies show that often it is far less expensive to support leave than to replace an employee.
The discussion paper on paid maternity leave by the National Women's Consultative Council of Australia points out that where provisions are voluntary, they tend to benefit mainly highly paid women in the formal sector. Employer funded maternity leave is likely to increase retention of skilled staff, encourage employer investment in human capital and bring productivity and staff morale as well as facilitate an expansion in the national skills base. Unfortunately, it could also create disincentive to employ women of child bearing age, increase casualisation of the workforce and create difficulties for small business. However, this option does not recognise the social value of children, only more highly paid women would be likely to afford to make savings and would probably be feasible for the first baby. Government funding would ensure that maternity benefits are available to lower-paid women as well as more highly paid women.