Labour Code of Antigua and Bermuda of 1975, Act No. 14, dated 19 September 1975 (Official Gazette 1975), as amended up to Act. No. 16 of 1998, Chapter 27.
Remarks: To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to (a) established employees of the Government; (b) persons in the naval, military, or air forces of the Government; (c) the Police Force; (d)persons holding the status of diplomatic agents; or (e) persons employed by the United Nations or its specialised agencies. §A6
Name of Act
The Civil Service Regulations, 1993 (No. 1 of 1993) as amended up to Regulations of 1994 (No. 24 of 1984).
A female employee shall, on production of a medical certificate stating the presumed date of her confinement, be entitled to a period of maternity leave in accordance with the provisions of this section.
To the extent that provisions of this Code apply to employees, they shall apply to all employees of employers operating or doing business in Antigua and Barbuda, including the non-established employees of the Government; but they shall not apply to (a) established employees of the Government; (b) persons in the naval, military, or air forces of the Government; (c) the Police Force; (d)persons holding the status of diplomatic agents; or (e) persons employed by the United Nations or its specialised agencies.
The Antigua and Barbuda Labour Code C20. (1), A6
Qualifying conditions
A female employee is entitled to enjoy maternity leave whenever she has been working a minimum of 12 months unbroken service. Civil servants shall comply at least 6 continuous months for being entitled to enjoy maternity leave.
The Antigua and Barbuda Labour Code C20. (2) The Civil Service Regulations, 1993 Regulation 113
Duration
General total duration
Maternity leave shall be granted for a period not less than 6 weeks and up to 13 weeks.
The Antigua and Barbuda Labour Code C20. (2) The Civil Service Regulations, 1993 Regulation 114 (2)
Historical data (year indicates year of data collection)
2009: 13 weeks.
2004: Thirteen weeks
1998: Thirteen weeks
1994: Thirteen weeks
Leave in case of illness or complications
Where there is incapacity for work arising from pathological complications of confinement immediately following cessation of rights to maternity, the sickness benefits applies, including the right to leave during the time the worker is physically incapacitated for performing her work.
Social Security (Benefits)(Maternity) Regulations §15 The Antigua and Barbuda Labour Code C16
RELATED TYPES OF LEAVE
Relevant provisions on other related types of leave have not been identified.
RIGHT TO PART-TIME WORK
Relevant provisions on right to part-time work have not been identified.
CASH BENEFITS
Maternity leave benefits
Scope
Maternity benefit shall be granted in the case of the pregnancy of a woman who is an insured person or the wife of an insured person.
Maternity benefit shall consist of maternity grant (one-time payment), maternity allowance(weekly benefit) or both.
Social Security (Benefits)(Maternity) Regulations §4, §5
Qualifying conditions
A woman shall be entitled to a maternity grant if she has been confined and she or her husband has paid twenty-six weekly contributions preceding his or her entry into insurance and in the year inmediately preceding the confinement, or if satisfies the conditions for maternity allowance.
Maternity allowance shall be payable only if the woman has paid contributions for not less than 26 weeks in the 52 weeks immediately preceding the day from which the benefits are claimed.
Social Security (Benefits)(Maternity) Regulations §6, §9
Duration
Maternity allowance is paid for a maximum of 13 weeks, commencing as early as 6 weeks before confinement or as late as the week of confinement.
Social Security (Benefits)(Maternity) Regulations §10
Amount
The rate of the maternity allowance is 60% of the insured’s average weekly earnings in the 52 weeks before the last 6 weeks prior to the expected week of childbirth.
The maternity grant is paid in a lump sum of EC$560.
Social Security (Benefits)(Maternity) Regulations §11 International Social Security Association Summary for Antigua and Bermuda
Historical data (year indicates year of data collection)
2009: 100 per cent for the first 6 weeks
60 per cent for additional 7 weeks
2004: Sixty percent
1998: Sixty percent
1994: Sixty percent
Financing of benefits
The contributions to the Social Security Fund, into which is provided all benefits including maternity benefits, shall be payable by insured persons and by employers.
The Social Security Act §3(2)(a) §21(1)
Historical data (year indicates year of data collection)
2009: Social Insurance (60 per cent for 13 weeks)
Employer (40 per cent for the first 6 weeks)
2004: Social security
1998: Social security & possible employer supplement
1994: Social security & possible employer supplement
Alternative provisions
When a woman is confined of twins or a greater number of children she shall be entitled to a maternity grant for each of them.
Social Security (Benefits)(Maternity) Regulations §7
MEDICAL BENEFITS
Relevant provisions on medical benefits have not been identified.
BREASTFEEDING
Relevant provisions on breastfeeding have not been identified.
HEALTH PROTECTION
Relevant provisions on health protection have not been identified.
NON-DISCRIMINATION AND EMPLOYMENT SECURITY
Anti-discrimination measures
Every employee shall have the right not to be unfairly dismissed by his employer and so no employer shall dismiss any such employee without just cause.
The Antigua and Barbuda Labour Code C 58
Protection from discriminatory dismissal
Upon termination or notice thereof of the labour relation between the employer and the employee, the employer shall, within the next seven (7) days, furnish a written statement of the precise reason for this termination.
In an unfair dismissal or suspension without pay matter, a decisional officer may order the reinstatement or restoration of the person dismissed or suspended, or the payment of a sum of money in lieu of such reinstatement.
The Antigua and Barbuda Labour Code C 10(1), B12 (b)
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
