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Guyana - Maternity protection - 2011


LAST UPDATE

27 April 2011

SOURCES


Name of Act

National Insurance and Social Security Act, Chapter 36:01, Benefit Regulations.

Name of Act

National Insurance and Social Security Act, Chapter 36:01, Collection of Contributions Regulations.

Name of Act

National Insurance and Social Security Act, Chapter 36:01, Contributions Regulations.

Name of Act

National Insurance and Social Security Act, Chapter 36:01, sickness benefit, medical care regulations.

Name of Act

Equal Rights Act 1990, Act No.19 of 1990.

Name of Act

Prevention of Discrimination Act, Chapter 99:09, of 1997.

Name of Act

Termination of Employment and Severance Pay Act, Act No. 19 of 1997.

Other source used

Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009

Other source used

National Insurance Scheme Guyana website

MATERNITY LEAVE


Duration


General total duration

No legal or administrative provisions regarding maternity leave. However the legislation states that the employment of every worker continuously employed shall not be treated as interrupted if the employee is absent from work due to maternity leave.
Therefore it seems that the 13 weeks of maternity benefits are enjoyable with leave.
Termination of Employment and Severance Pay Act §4(2)(a)
Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009
Historical data (year indicates year of data collection)
  • 2009: 13 weeks (6 weeks before and 6 weeks after childbirth, 1 week for childbirth)
  • 2004: Thirteen weeks
  • 1998: Thirteen weeks
  • 1994: Thirteen weeks

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 is payable in the case of Pregnancy and Confinement of a Woman who is an Insured Person, or whose Spouse is an Insured Person, and shall consist of maternity grant (one-time payment), maternity allowance(weekly benefit) or both.

No exclusions are made as for categories of workers.
National Insurance and Social Security Act, Benefit Regulations. §27,28, 29
Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009
National Insurance Scheme Guyana website

Qualifying conditions

Maternity Allowance is payable if the Insured Woman:
a.Has paid not less than fifteen (15) Contributions since her entry into insurance; and
b.Has been engaged in and paid Contributions for Insurable Employment during at least seven (7) Contribution Weeks in the period of twenty-six (26) Contribution Weeks preceding the week in which Benefit is claimed.

Maternity Grant is payable to:
Any Insured Woman who has satisfied the conditions at items (a) and (b) above, or any woman whether insured or not, who was confined and who has not satisfied the conditions at items (a) and (b) above, but whose Spouse is an Insured Person and has satisfied the Contribution Condition.
National Insurance and Social Security Act, Benefit Regulations. §28(b), 28A(1)(a)(b)

Duration

Maternity allowance is normally paid for a period of 13 weeks, including the week of childbirth plus 6 weeks before and 6 weeks after. An extension for an additional 13 weeks is possible when the General Manager determine it, taking into consideration the particular circumstances of the case.
National Insurance and Social Security Act, Benefit Regulations. §29(1)
National Insurance Scheme Guyana website
Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009

Amount

The weekly rate of Maternity Allowance is 70% of the average weekly insurable earnings.

The amout of the Maternity Grant is $2,000.00
National Insurance and Social Security Act, Benefit Regulations. §28A(2),29(2)
National Insurance Scheme Guyana website
Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009
Historical data (year indicates year of data collection)
  • 2009: 70 per cent
  • 2004: Seventy percent
  • 1998: Seventy percent
  • 1994: Seventy percent

Financing of benefits

Social insurance. The National Insurance Scheme (NIS) extends protection and social insurance coverage to all persons between the ages of 16 and 60 years who are engaged in insurable employment.
Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009
National Insurance Scheme Guyana website
Historical data (year indicates year of data collection)
  • 2009: Social insurance.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

An Insured Person entitled to payment of Maternity Benefit, shall be disqualified from receiving such Benefit for such period as the General Manager 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 so; or
(c) She fails without good cause to comply with a notice in writing by the General Manager, before her confinement, requiring her to attend for or to submit herself to any medical examination.
National Insurance and Social Security Act, Benefit Regulations. §32

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Medical care shall be provided with a view to maintaining, restoring or improving the health and ability to work of an insured person who is temporarely incapable of work.
National Insurance and Social Security Act, sickness benefit, medical care regulations. §2,3
Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009

Financing of benefits

Social insurance. The National Insurance Scheme (NIS) extends protection and social insurance coverage to all persons between the ages of 16 and 60 years who are engaged in insurable employment.
Guyana-ISSA report-Social Security Programs Throughout the World- Americas, 2009
National Insurance Scheme Guyana website

HEALTH PROTECTION

Relevant provisions on health protection have not been identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Women and men have equal rights and the same legal status in all spheres of political, economic and social life. All forms of discrimination against women on the basis of their sex are illegal, including pregnancy and related reasons of discrimination.

Any person who contravenes this statement shall, without prejudice to any civil liability, be liable on summary conviction to a fine of $5,000.00 and imprisonment for 6 months and in the case of a continuing offence to a further fine of $500.00. for each day, after the first day, during
which the offence continues.
Equal Rights Act 1990, §2(2), §4

Protection from discriminatory dismissal

A female employee’s pregnancy or a reason connected with her pregnancy do not constitute good or sufficient cause for dismissal or for imposition of disciplinary action.
Termination of Employment and Severance Pay Act §8(1)

Burden of proof

Where a person alleges any practice of discrimination in employment, the claimant shall bear the burden of proof.
Prevention of Discrimination Act §23

Results generated on: 28th November 2014 at 05:06:27.
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