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Trinidad and Tobago - Maternity protection - 2011


LAST UPDATE

8 April 2011

SOURCES


Name of Act

National Insurance Act, Act No. 35 of 1971, as amended up to December 31st 2009.

Name of Act

The Maternity Protection Act 1998, Act No. 4 of 1998
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Other source used

Trinidad and Tobago-ISSA report-Social Security Programs Throughout the World- Americas, 2009

MATERNITY LEAVE


Scope

All pregnants employees enjoy a paid period of time of absence and to resume work on terms no less favourable than were enjoyed inmediately prior to her leave.

Employee includes a public officer and any other person who has entered into or works under a contract with an employer to carry out any trade, business, office, vocation, apprenticeship, or other work and whether the work is skilled, unskilled, manual, technical, clerical, or otherwise for hire or reward, whether the contract is expressed or implied, oral or in writing, whether the remuneration is calculated by time or by work done, and whether by the day, week, month, or with reference to any other period, and includes an agricultural employee, a domestic employee, or a household assistant.
Maternity Protection Act §7(1), §4

Qualifying conditions

Every employee who is intended to enjoy maternity leave shall-

certify by a qualified person as of the expected date of confinement that she has been continuously employed by that employer for a period of not less than 12 months;

inform the employer, in writing, no later than 8 weeks before the expected date of confinement the require leave of absence due to pregnancy;

submit to the employer a medical certificate from a qualified person stating the probable date of confinement; and

inform the employer in writing the intention to return to work at the
expiry of her maternity leave.
Maternity Protection Act §8(1)

Duration


Compulsory leave

No. The employee may proceed on such leave six weeks prior to the probable date of confinement as stated in the medical certificate submitted, or at a subsequent date at the employee’s discretion.
Maternity Protection Act §9(1)

General total duration

An employee is entitled to 13 weeks maternity leave.
Maternity Protection Act §9(1)
Historical data (year indicates year of data collection)
  • 2004: Thirteen weeks
  • 1998: Thirteen weeks
  • 1994: Thirteen weeks

Extension

An employee may postpone her return to work for non-medical reasons until a date not exceeding 4 weeks after the required date of return if, within 10 working days, before the required date, she gives the employer written notice, stating the reason why she is unable to return to work and stating an intended date of return.

Where an employee is entitled to maternity leave, that leave shall be in addition to any vacation leave and sick leave to which that employee is eligible.
Maternity Protection Act §10(4),19

Leave in case of illness or complications

An employee who extends her absence from work for medical reasons may do so for a period not exceeding 12 weeks after the required date of return and shall inform her employer in writing of her intended date of return.
Maternity Protection Act §10(2)

RELATED TYPES OF LEAVE


Parental leave

An employee may postpone her return to work for non-medical reasons until a date not exceeding 4 weeks after the required date of return if, within 10 working days, before the required date, she gives the employer written notice, stating the reason why she is unable to return to work and stating an intended date of return.
Maternity Protection Act §10(4)

RIGHT TO PART-TIME WORK

Relevant provisions on right to part-time work have not been identified.

CASH BENEFITS


Maternity leave benefits


Scope

The Social Security System which cover among other contingencies, maternity benefits, is compulsory and cover every employed person and every unpaid apprentice in Trinidad and Tobago.

The following categories are not entitled to be registered in the Social Security System:
-Employments in respect of which remuneration is less than one hundred and twenty dollars a week;
-Employments of any person who is not a citizen of Trinidad and Tobago, Diplomatic, Consular and International Organisations personnel.
National Insurance Act §29(1)(2)§36,§37

Qualifying conditions

The time limit for the submission of claims in the case of maternity benefits is three months from the date of delivery, and shall be supported by relevant medical certificate from a registered midwife.
National Insurance Act §4(2)(a),§7(1)(b)

Duration

Every insured worker is entitled to receive pay during the period of maternity leave.
Maternity Protection Act §9(2)

Amount

Rates of benefit payable to an insured person, among others, maternity benefits, shall be related to the rates of contribution paid in respect of such person.

The earnings class into which an insured person falls for the purpose of receiving maternity benefit shall be determined by the average of the 10 highest contributions paid during the thirteen contribution weeks immediately preceding the sixth week before the expected week of delivery.
National Insurance Act §54(1),§36(1)
Historical data (year indicates year of data collection)
  • 2009: Full pay for one month and half pay for two months (employer) and a sum depending on the earnings (social security).
  • 2004: month and fifty percent for two months paid by employer plus a sum depending on earnings from social
  • 1998: Sixty percent to one hundred percent
  • 1994: Sixty percent to one hundred percent depending on occupation

Financing of benefits

Social Security System, which is financed with contributions paid partly by the employed person and partly by the employer.
National Insurance Act §38(1)
Historical data (year indicates year of data collection)
  • 2009: Employer and social security.
  • 2004: Social security & employer
  • 1998: Social security & employer
  • 1994: Social security pays sixty percent, employer forty percent for some sectors

Alternative provisions

In the case of pregnancy or confinement, female workers in Trinidad in Tobago may enjoyed different maternity benefits (maternity grant, maternity allowance and special maternity grant) paid in a lump-sum.
National Insurance Act §46(1)

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

An employee who is pregnant and who has, on the written advice of a qualified person, made an appointment to attend at any place for the purpose of receiving prenatal medical care shall have the right not to be unreasonably refused time off during her working hours to enable her to keep the appointment.

According to postnatal medical care the employee is entitled to absence from work for medical reasons and shall be paid at half rate for the first 6 weeks and no pay for the next 6 weeks.
Maternity Protection Act §7(4),10(3)

Financing of benefits

An employee who is permitted to take time off during her working hours shall be entitled to receive normal pay from her employer for the period of absence.
Maternity Protection Act §7(5)

HEALTH PROTECTION

Relevant provisions on health protection have not been identified.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The Minister may authorise an officer to require an employer or any other person authorised by an employer-
-to provide information with respect to the remuneration paid to, and the terms and conditions enjoyed by, any employee in its establishment.
-to permit him to inspect any records or pay sheets relating to that employee.

An employee on maternity leave shall not be deprived of an opportunity to be considered for promotion for which she is eligible and which may arise during her period of leave.
Maternity Protection Act §14, 20

Protection from discriminatory dismissal

When an employee’s employment is terminated on the ground of pregnancy or on any ground relating to pregnancy, the employee or the trade union may report the matter to the Minister to be deemed.
Maternity Protection Act §12(1)

Burden of proof

When there is a difference of opinion as to the reasonableness or otherwise of any action taken or not taken by an employer or employee, the employee, trade union or the employer may report the matter to the Minister.
Maternity Protection Act §12(1)

Guaranteed right to return to work

All employees are entitled to return to work no later than 13 weeks from the date of commencement of maternity leave, on terms no less favourable than were enjoyed immediately prior to her leave.

Where an employee is unable to return to work on the required date, she shall submit to her employer a certificate from a registered medical practitioner stating that by reason of disease or bodily or mental disablement, whether to herself or her baby, she will be incapable of returning to work on the required date and stating her intended date of return.
Maternity Protection Act §9(1),10(1),§7(1)

Results generated on: 15th September 2014 at 06:02:51.
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