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Barbados - Maternity protection - 2011


LAST UPDATE

11 October 2011
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SOURCES


Name of Act

National Insurance and Social Security Act, Act No. 15, dated 4 July 1966 (Official Gazette, Ch. 47, 1966), as amended up to Act No. 25, dated 23 December 2002 (Official Gazette, 2002, pp.1-4).
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Name of Act

National Insurance and Social Security (Benefit) Regulations, Statutory Instrument No. 45 of 1967 (Official Gazette, 1967, Ch. 47), as amended.

Name of Act

Employment of Women (Maternity Leave) Act, Act No. 16, dated 19 July 1976 (Official Gazette, Supplement, Ch. 345A, 1976).
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Name of Act

Factories Act, dated 1st March 1984

Other source used

The website of the NIS (National Insurance Scheme) of Barbados

Other source used

Social Security Programs Throughout the World: The Americas, 2009, Report on Barbados of March 2010

MATERNITY LEAVE


Scope

Every female employee is entitled to maternity leave. Women working at home for wages are excluded from this coverage.
Employment of Women (Maternity Leave) Act §3, 8

Qualifying conditions

In order to be entitled to enjoy maternity leave, female employees shall have been employed at least 12 months by the employer from whom she requests such leave. Female employees are not entitled to enjoy maternity leave from the same employer more than three times.

In addition the female employee shall provide a certificate issued by a medical practitioner setting forth the expected date of her confinement; or a certificate issued by a medical practitioner or a midwife setting forth the actual date of her confinement.
Employment of Women (Maternity Leave) Act §3(1)(3)

Duration


Compulsory leave

The compulsory leave for maternity shall not be less than 6 weeks from the date of confinement.
Employment of Women (Maternity Leave) Act §4(1)

General total duration

The duration of maternity leave shall not be less than 12 weeks (no more than six weeks before and not less than six weeks after birth), except where an employee wishes otherwise.
Employment of Women (Maternity Leave) Act §4(1)
Historical data (year indicates year of data collection)
  • 2009: Not less than 12 weeks (no more than six weeks before and not less than six weeks after birth), except where an employee wishes otherwise.
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

When the birth occurs after the due date, maternity leave is extended accordingly.
Employment of Women (Maternity Leave) Act §4(3)

Leave in case of illness or complications

An employee who, after confinement, suffers any illness arising out of such confinement shall be granted, in addition to the maternity leave to which she is entitled, an additional leave not exceeding six weeks as a medical practitioner recommends.
Employment of Women (Maternity Leave) Act §5

RELATED TYPES OF LEAVE

Relevant provisions on 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

All employed persons aged 16 to 65, performing work in the country under a contract of employment, shall be insured under this Act(included public sector employees and self-employed persons), and therefore enjoy maternity benefits.
National Insurance and Social Security Act §12.1

Qualifying conditions

In order to enjoy maternity benefits, female employees must have 26 weeks of insurance coverage, including 16 weeks of paid contributions in the two consecutive quarters ending with the last quarter but one before the quarter in which the benefit is paid.

Self-employed women, must have at least 39 weeks of contributions in the four consecutive quarters ending with the last quarer but one before the quarter in which the benefit is paid; 16 weeks of paid contributions in the two consecutive quarters ending with the last quarter but one before the quarter in which the benefit is paid.
National Insurance and Social Security (Benefit) Regulations §11
The website of the NIS (National Insurance Scheme) of Barbados

Duration

Payments are made for a period starting not earlier than six weeks before the expected date of birth and continuing until the expiration of 12 weeks or until six weeks after the confinement, whichever is later.
National Insurance and Social Security (Benefit) Regulations §12

Amount

The daily rate is 100% of your average insurable weekly earnings, divided by 6.
National Insurance and Social Security (Benefit) Regulations §8(1)
The website of the NIS (National Insurance Scheme) of Barbados
Historical data (year indicates year of data collection)
  • 2009: One hundred per cent of average insurable weekly earnings.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

National insurance system
National Insurance and Social Security Act §21(b)
Historical data (year indicates year of data collection)
  • 2009: National insurance system.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

In the case of workers not insured through the National Insurance Scheme or who being insured but not able to meet the contribution requirements for maternity benefits but their spouses meet such requirements, they may claim the enjoyment of maternity grant fixed in an amount of $1,045.
The website of the NIS (National Insurance Scheme) of Barbados
National Insurance and Social Security (Benefit) Regulations §17

Parental leave benefits


Scope

A maternity grant shall be paid where a child is born to a single man and a single woman who have been living together for a periodof not less than 2 years immediately preceding the date of confinement.
National Insurance and Social Security (Benefit) Regulations §17B

MEDICAL BENEFITS

Relevant provisions on medical benefits have not been identified.

BREASTFEEDING

Relevant provisions on breastfeeding have not been identified.

HEALTH PROTECTION


Dangerous or unhealthy work


General

No expressly provided the prohibition for pregnant workers or workers who have recently given birth the performance of dangerous or unhealthy work.
However, the legislation provides a general prohibition for all female workers to be employed in any of the following, namely,
(a) work at a furnace involving the reduction or treatment of zinc or lead ores;
(b) the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead or the melting of scrap lead or zinc;
(c) the manufacture of solder or alloys containing more than 10 per cent lead;
(d) the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead;
(e) mixing or pasting in connection with the manufacture or repair of electric accumulator or the recovery of plates or lead compounds from discarded accumulators;
(f) the cleaning of workrooms where any of the processes mentioned in paragraphs (a) to (e) are carried on; or
(g) the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead.
Factories Act §66

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

An employee who has been on maternity leave shall not be paid a smaller remuneration than she received before she went on maternity leave.
Employment of Women (Maternity Leave) Act §7

Protection from discriminatory dismissal

A woman may not be dismissed or required to resign on the ground that she is pregnant. A female employee may not be dismissed or given notice of dismissal at any time between the deliverance to her employer of a medical certificate regarding the expected date of birth of her child and the expiration of her maternity leave or additional leave thereto. Further, she may not be given a notice of dismissal which would expire during maternity leave or additional leave thereto.

Dismissal is lawful during maternity leave or extended leave in the following cases: where there has been serious default or gross negligence amounting to abandonment of duty on the part of the employee; where there has been a fixed-term contract which expires; or if the business in which an employee had been engaged ceased to exist.
Employment of Women (Maternity Leave) Act §6(1)(a)-(c)

Guaranteed right to return to work

Upon return from statutory maternity leave, a woman worker is entitled to her seniority rights and reinstatement in her former work or equivalent work, and she may not by reason only of the fact that she went on maternity leave be paid a smaller remuneration than she received before she went on maternity leave.
Employment of Women (Maternity Leave) Act §7

Results generated on: 02nd September 2014 at 13:42:28.
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