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Dominica - Maternity protection - 2011


LAST UPDATE

4 March 2011

SOURCES


Name of Act

Labour Standards Act, Chapter 89:05 (Act No. 2 of 1977) of 31 March 1977, as amended up to Labour Standards(Amendment) Act,1991 (No.16 of 1991)
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Name of Act

Labour Contracts Act, Chapter 89:04 (Act No. 12 of 1983) of 16 June 1983, amended by 12 of 1990.

Other source used

Dominica - Social Security Programs Throughout the World- Americas, 2009, ISSA

Other source used

Social Security (Benefit) Regulations, 1976 (S.R.O. 10 of 1976) as amended by Social Security (Benefit)(Claims and Payments) Amendment Regulations, 2009.

Other source used

Social Security Act, Chapter 31:01 (Act No. 38 of 1975) of 1 January 1976

MATERNITY LEAVE


Scope

Every female employee who has completed twelve months of continuous employment by an employer and who is pregnant is entitled to and shall be granted maternity leave.

This Act applies to the State.
Labour Standards Act, Chapter 89:05 §17, §3

Qualifying conditions

An employee intending to take maternity leave shall:

(a) apply in writing for such leave to her employer specifying:

(i) the estimated date of her confinement; and
(ii) the date on which her maternity leave will commence, which may
not be less than three weeks before the estimated date of her
confinement; and

(b) furnish to her employer at the same time a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her confmement.
Labour Standards Act, Chapter 89:05 §19

Duration


Compulsory leave

Three weeks before the estimated date of confinement and six weeks post natal.
Labour Standards Act, Chapter 89:05 §18(a)
Labour Contracts Act, Chapter 89:04 §23(c)

General total duration

12 weeks
Labour Standards Act, Chapter 89:05 §18(a)(b)
Labour Contracts Act, Chapter 89:04 §23(c)
Dominica - Social Security Programs Throught the World, 2009, ISSA
Historical data (year indicates year of data collection)
  • 2009: 12 weeks
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

Where the leave to be taken has been extended by any period elapsing between the presumed date of confinement and the actual date of confinement the period of leave to be taken after confinement shall in no case be reduced on that account to a period of less than six weeks.
Labour Standards Act, Chapter 89:05 §21

RELATED TYPES OF LEAVE

Relevant provisions on other related types of leave have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

Maternity benefit shall be granted in the case of pregnancy and confinement of a woman who is an insured person.

No exclusions are made as for categories of workers.
Social Security (Benefit) Regulations, 1976 §10

Qualifying conditions

Employees must have at least 30 weeks of contributions, including at least 20 weeks in the 30-week period before maternity leave began. Self-employed persons must have at least 3 quarters of paid contributions in the 4 consecutive quarters before the quarter in which maternity leave began.
Social Security (Benefit) Regulations, 1976 §11(1)(2)
Dominica - Social Security Programs Throught the World, 2009, ISSA

Duration

A period starting from a date not earlier than six weeks before the expected date of confinement and continuing until the expiration of 12 weeks or 6 weeks from the date on which confinement occurs; whichever is the later.
Social Security (Benefit) Regulations, 1976 §12
Dominica - Social Security Programs Throught the World, 2009, ISSA

Amount

60 per cent of average weekly earnings in the last 30 weeks and is paid 6 weeks before and 6 weeks after the expected date of childbirth in certain cases, the benefit may be paid from 3 weeks before and up to 9 weeks after the date of childbirth.
Social Security (Benefit) Regulations, 1976 §13(1)(2)
Dominica - Social Security Programs Throught the World, 2009, ISSA
Historical data (year indicates year of data collection)
  • 2009: 60 per cent
  • 2004: Sixty percent
  • 1998: Sixty percent
  • 1994: Sixty percent

Financing of benefits

The Social Security administered and provides, among others, the maternity benefits which are financed by the contributions made as follows; 4% of covered earnings of the insured person and the 6.75% of covered payroll of the employer. 10% of declared net earnings in case of self-employed persons.
Dominica - Social Security Programs Throught the World, 2009, ISSA
Historical data (year indicates year of data collection)
  • 2009: Social security & employer
  • 2004: Social security & employer
  • 1998: Social security & employer
  • 1994: Social security & employer

Alternative provisions

A lump sum of EC$500 shall be paid as maternity grant on confinement of the wife of an insured self-employed man or an insured selfemployed woman provided that the claimant has paid contributions for at least three quarters in the four consecutive quarters immediately preceding the quarter in which the date of confinement occurs.

Where there are multiple births, a grant shall be payable in respect of each child.

No sum shall be paid by way of Maternity Grant if the claim is not duly made within twelve months from the date of confinement in respect of which the grant is payable.
Social Security (Benefit) Regulations, 1976 §17(5a)(5b), §13(4c)
Dominica - Social Security Programs Throught the World, 2009, ISSA

MEDICAL BENEFITS


Financing of benefits

The Social Security administered and provides, among others, the medical benefits which are financed by the contributions made as follows; 4% of covered earnings of the insured person and the 6.75% of covered payroll of the employer. 10% of declared net earnings in case of self-employed persons.
Dominica - Social Security Programs Throught the World, 2009, ISSA

HEALTH PROTECTION

Relevant provisions on health protection have not been identified.

Results generated on: 28th July 2014 at 12:20:32.
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