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Grenada - Maternity protection - 2011


LAST UPDATE

4 April 2011

SOURCES


Name of Act

Employment Act, Act No.14 of 1999 as amended up to No. 2 Act, 2000
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Name of Act

The National Insurance (Benefit) Regulations, Chapter. 205, of 4 April 1983 as amended up to Act No. 8 of 2007.

Name of Act

People´s Law No. 14 of 1983

Other source used

International Social Security Association (ISSA) Summary for Grenada 2009

Other source used

National Insurance Scheme of Grenada webpage

MATERNITY LEAVE


Scope

Every employee who is pregnant shall be entitled to take maternity paid leave and to return to work in that employment thereafter if she so desires.

This Act does not apply to members of the police force, armed forces or to prison guards or officers except those employed in a civilian capacity, although, as far as is practicable, their conditions of service should not be less favourable, than workers not excluded by this section.
Employment Act §59(1), §4

Qualifying conditions

In order to be entitled to maternity leave the employee shall at the date of the expected confinement have been continuously employed by that employer (or a successor to that employer) for a period of at least 18 months.

In addition, the employee shall inform her employer (in writing if he so requests) at least three weeks before the commencement of the maternity leave requiring such leave and informing about the intention to return to work for her employer.
Employment Act §59(2)

Duration


General total duration

Every employee shall be entitled to maternity leave for a period of three months.
Employment Act §60(1)
Historical data (year indicates year of data collection)
  • 2009: 3 months
  • 2004: Three months
  • 1998: Three months
  • 1994: Three months

Extension

Maternity leave is granted in addition to any vacation leave to which an employee may be entitled.
Employment Act §69

Leave in case of illness or complications

If incapacity of work arises from complications of confinement immediately following the cessation of rights to maternity benefit, the employee is entitled to sickness benefits, including the leave and the right to return to work when the incapacity finishes.
The National Insurance (Benefit) Act §17

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 and confinement of a woman who is an insured person and shall consist of maternity grant (one-time payment on the first day of maternity leave) together with maternity allowance (weekly benefit).

No exclusions are made as for categories of workers.
The National Insurance (Benefit) Act §10
National Insurance Scheme of Grenada webpage

Qualifying conditions

In order to be entitled to maternity allowance, the claimant must be registered with the National Insurance Scheme for at least 30 weeks, have paid contributions for at least 20 weeks in the 30 week period immediately preceding the week of confinement and be aged between 16 and 60.

In order to be entitled to maternity grant the worker or her husband if she does not qualify for the benefit must have made 50 contributions at any time after being registered with the NIS.
The National Insurance (Benefit) Act §11
People´s Law §24(1)(a)
National Insurance Scheme of Grenada webpage

Duration

Maternity allowance shall be granted to a woman for a total duration of 3 months.

Maternity grant is one-time payment paid on the first day of maternity leave.
The National Insurance (Benefit) Act §12
Employment Act §61(2)

Amount

The maternity allowance is paid as follows:

-In the case of monthly paid employees, two month´s salary less any amount to which such employees are entitled.
-In the case of weekly or fortnightly paid employees, wages for four fortnights less any amount to which such employees are entitled.
-In the case of daily paid workers, one-fifth of wages earned in the twelve months immediately prior to the commencement of the leave being taken less any amount to which such employees are entitled.

The maternity grant is paid in a lump sum of $522.00 after confinement.
Employment Act §61(1)(2)
National Insurance Scheme of Grenada webpage
International Social Security Association Summary for Grenada 2009
Historical data (year indicates year of data collection)
  • 2009: Maternity pay îs structured as follows (based on employment law): in the case of monthly paid employees, a sum not less than forty per cent of two months pay; in the case of weekly or fortnightly paid employees, a sum not less than forty per cent of four fortnights pay; in the case of daily paid workers, a sum not less than forty per cent of one-fifth of the pay earned in the twelve months immediately prior to the commencement of the leave being taken. Maternity pay is paid by the employer is paid either in lump sum on first day of maternity leave or in the same way the employee is ordinarily paid (it is the employee's choice). In this way the employer provides an additional 40% of average covered earnings for 2 months of the 3 month maternity leave period. Maternity Benefit The insured must have at least 30 weeks of contributions, including 20 weeks in the 30 week period ending 6 weeks before the expected date of childbirth. The benefit is equal to 65% of average weekly covered earnings in the 30 weeks before the start of the claim. The benefit is paid for a maximum of 12 weeks, beginning 6 weeks before the expected date of childbirth and up to 6 weeks after.
  • 2004: One hundred percent for two months and sixty percent for the last month
  • 1998: One hundred percent for two months and sixty percent for the last month
  • 1994: Sixty percent or one hundred percent

Financing of benefits

Maternity benefits are financed by 60% for 3 months by Social Security (National Insurance Scheme) and 40% for 2 months by the employer.
Employment Act §61
International Social Security Association Summary for Grenada 2009
National Insurance Scheme of Grenada webpage
Historical data (year indicates year of data collection)
  • 2009: Employer and Social Security
  • 2004: Sixty percent for twelve weeks (social security), forty percent for two months (employer)
  • 1998: Social security & employer
  • 1994: Social security & employer

Alternative provisions

An insured person entitled to payment of maternity benefit shall be disqualified from receiving such benefit for such period as the Director may decide if during the period for which benefit is payable

(a) she engages in remunerative work;
(b) she fails without good cause to take due care of her health, or to answer any reasonable inquiries by an officer of the Board directed to ascertain whether she is doing
(c) she fails without good cause to comply with a notice in writing by the Director requiring her to attend for and submit herself to medical or other examination.
The National Insurance (Benefit) Act §16

MEDICAL BENEFITS

Relevant provisions on medical benefits have not been identified.

HEALTH PROTECTION

Relevant provisions on health protection have not been identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

No person shall discriminate against any employee on any ground including the maternity or a reason connected with her pregnancy in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship.
Employment Act §26(1)

Anti-discrimination measures

In order to avoid discriminatory measures, a prosecution may be instituted on the complaint of the Labour Commissioner or an employee.
Employment Act §67(4)

Protection from discriminatory dismissal

A female employee’s pregnancy or a reason connected with her pregnancy do not constitute valid reasons for dismissal or the imposition of disciplinary action.
Employment Act §74(2)

Burden of proof

An employer who terminates the employment of an employee because she is pregnant commits an offence and the burden of proving that the employment was not terminated because of pregnancy shall be on the employer.
Employment Act §67(1)

Guaranteed right to return to work

An employee shall exercise her right to return to work by notifying her employer at least two weeks before the day on which she proposes to return, of her intention to return on that day.
Employment Act §63(1)

Results generated on: 30th September 2014 at 13:54:17.
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