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Jamaica - Maternity protection - 2011


LAST UPDATE

12 April 2011

SOURCES


Name of Act

The Maternity Leave Act, Act No. 44 of 31 December 1979
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Name of Act

The Employment (Equal pay for men and women) Act, of 1st December 1975.

Other source used

Social Security Programs Throughout the World: The Americas, 2009 Jamaica.

Other source used

Ministry of Labour and Social Security website of Jamaica

MATERNITY LEAVE


Scope

Every employee is entitled to maternity leave after 52 weeks of continuously employment.

This provision applies to all female workers that means every individual of the female sex who has entered into, or works under, a contract with an employer, whether the contract is express or implied, and (if it is express) whether it is oral or in writing and whether it is a contract of service or of apprenticeship, and includes any such individual employed in the service of the Government (including service in the Jamaica Defence Force and the Jamaica Constabulary Force).
The Maternity Leave Act, 1979 §3(1)§2

Qualifying conditions

To be entitled to maternity leave the employee shall-
-informs the employer that she is, or wishes to be, absent from work wholly or partly because of her pregnancy or confinement and that she intends to return to work with the employer;
-has been continuously employed by the employer for a period of not less than 52 weeks at the date on which her absence begins.
-produces if the employer so requests, a certificate from a registered medical practitioner stating that it is necessary for the worker to be absent from work wholly or partly because of her pregnancy or confinement.
The Maternity Leave Act, 1979 §3(1)(a)(b)(c)

Duration


General total duration

The period for maternnity leave shall not exceed 12 weeks in respect of each pregnancy or confinement.
The Maternity Leave Act, 1979 §3(2)
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Leave in case of illness or complications

In case of illness arising from pregnancy or confinement, or as a result of the state of health of the child to whom she has given birth, the employee is entitled, after the 12 months of maternity leave and with a certificate from a registered medical practitioner, to be absent from work for an additional period not exceeding 14 weeks.
The Maternity Leave Act, 1979 §3(3)

RELATED TYPES OF LEAVE

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

RIGHT TO PART-TIME WORK


General provisions

Every worker is entitled to work part time if incapable of working in consequence of sickness or injury and shall notwithstanding count as work performed full time.
The Maternity Leave Act, 1979 Schedule §3(2)

CASH BENEFITS


Maternity leave benefits


Scope

The employer of a qualified worker who has been granted maternity leave shall pay to that worker sums corresponding to 8 weeks of her maternity leave beginnig on, or failing after, the relevant day.

This provision applies to all female workers that means every individual of the female sex who has entered into, or works under, a contract with an employer, whether the contract is express or implied, and (if it is express) whether it is oral or in writing and whether it is a contract of service or of apprenticeship, and includes any such individual employed in the service of the Government (including service in the Jamaica Defence Force and the Jamaica Constabulary Force).
The Maternity Leave Act, 1979 §5(1),§2

Qualifying conditions

To be entitled to maternity leave benefits, the employee shall-
- being entitled to maternity leave;
- be at least eighteen (18) years old, and has not been granted maternity leave by the same employer for three (3) previous pregnancies;
- informs her employer of the date she is expected to go on maternity leave at least three (3) months in advance or as soon as is reasonably practicable thereafter.
The Maternity Leave Act, 1979 §5(2)

Duration

The duration of maternity benefits is 8 weeks.
The Maternity Leave Act, 1979 §5(1)

Amount

The weekly maternity pay is payable at a rate equal to the normal wages earned in respect of the last normal working week. (100%).
Domestic workers are paid the national minimum weekly wage (at present J$4,500) for 8 weeks.
The Maternity Leave Act, 1979 Schedule:§2(1)
Information provided by the Government of Jamaica (Labour Department).
Historical data (year indicates year of data collection)
  • 2009: 100 per cent. Domestic workers are paid the national minimum weekly wage (at present J$3,200) for 8 weeks.
  • 2004: One hundred percent for eight weeks
  • 1998: One hundred percent for eight weeks
  • 1994: One hundred percent

Financing of benefits

The employer.
For domestic workers, social security pays the benefits, if the person is contributing to the scheme.
The Maternity Leave Act, 1979 §5(1)
Information provided by the Government of Jamaica (Labour Department)
Historical data (year indicates year of data collection)
  • 2009: Employer. For domestic workers, social security pays the benefits, if the person is contributing to the scheme.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Alternative provisions

If a worker has been granted maternity leave with pay by an employer for 3 pregnancies already, she is entitled to maternity maternity leave without pay.
The Maternity Leave Act, 1979 §5(2)(c)

Alternative provisions

If a worker has been granted maternity leave with pay by an employer for 3 pregnancies already, she is entitled to maternity maternity leave without pay.
The Maternity Leave Act, 1979 §5(2)(c)
Ministry of Labour and Social Security website of Jamaica

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


Anti-discrimination measures

No employer shall discriminate between male and female employees employed in the same establishment, by failing equal pay for equal work.

Any employer who contravenes the right of the employee to enjoy paid maternity leave shall be guilty of an offence and shall be liable on summary conviction before a Residence Magistrate to a fine not exceeding five hundred dollars and in default of payment to imprisonment for a term not exceeding four months.

In addition the employer shall be required to pay the employee, in relation to the offence which was committed, the amount owes to the worker.
The Maternity Leave Act, 1979 §7(1), §7(5)
The Employment (Equal pay for men and women) Act §3(1)

Protection from discriminatory dismissal

Any employer who without reasonable cause terminates the employment of a worker wholly or partly because of her pregnancy or confinement shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one thousand dollars and in default of payment to imprisonment for a term not exceeding six months.
The Maternity Leave Act, 1979 §7(2)

Guaranteed right to return to work

Every worker to whom maternity leave is granted shall be entitled to return to work in the capacity and place in which she was employed under the original contract of employment and without the loss of any benefit or seniority.
The Maternity Leave Act, 1979 §4(1)

Results generated on: 30th October 2014 at 20:00:43.
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