WHAT ARE MY RIGHTS when it comes to MATERNITY LEAVE IN TRINIDAD AND TOBAGO?

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​If you are pregnant and working in Trinidad and Tobago, here's what you should know when it comes to your rights to maternity leave.  

What is maternity leave?

Maternity leave is an employment benefit available in most countries and it allows a mother to take leave from her job to care for her small child/children for a stipulated period of time. 

In Trinidad and Tobago the minimum benefits and eligibility requirements for maternity leave are stipulated by law in the Maternity Protection Act. If another law, industrial award or collective agreement gives you more favourable terms than the Act, those terms would apply. 

What is required to obtain maternity leave benefits?

According to the Maternity Protection Act, you will have rights to maternity leave benefits where:

• You have been working for your employer continuously for at least one year before the expected due date as certified by a doctor. In the case of daily-rated employees, you must have worked for at least 150 days in a period of one year;
  
  
• You have informed your employer, in writing, at least eight (8) weeks before the expected delivery date that you would require leave due to your pregnancy;
  
  
• You have submitted to your employer a medical certificate from a doctor, stating the expected delivery date; and
  
  
• You have informed your employer in writing of your intention to return to work at the expiry of your maternity leave.

If I meet the requirements for maternity leave, what are my rights?

• You have the right to fourteen (14) weeks maternity leave:
  This maternity leave is in addition to any vacation leave and sick leave to which you are eligible (according to section 19 of the Act).
  
  
• You can take your maternity leave up to six (6) weeks before your due date:
  You may proceed on your maternity leave up to six (6) weeks before your expected delivery date as stated on your medical certificate or at a subsequent date of your choice.
  
  
• You have the right to pay while on maternity leave.
  According to section 7(1)(b) of the Act an employee is entitled to pay while on maternity leave. 
  
  According to section 9 of the Act, during the period of maternity leave, you are entitled to receive from your employer one month's leave with full pay and two months' leave with half pay. You are entitled to the remaining two months' half pay from the National Insurance Board. If the two in total is less than your full pay, your employer must pay you the difference.
  
  If your employer has failed to pay contributions under the National Insurance Act and no maternity benefits are payable by the National Insurance Board, your employer must pay you the entire three months' pay.
  
  If your baby is born premature or dies either at birth or within the period of your leave, you are still entitled to the remaining period of maternity leave with pay (section 7(2) of the Act). 
  
  If you do not go on maternity leave and you have a premature birth, you are also entitled to the full period of maternity leave with pay (section 7(3)(a) of the Act).
  
  If you did not go on maternity leave and you have a premature birth and the child dies at birth or at any time within fourteen weeks after that, you are entitled to the "full or remaining period of maternity with pay, as the case may be" (Section 7(3)(b) of the Act).
  ​
• You also have the right to 12 weeks medical leave:
  Under section 10 of the Act, if an employee is unable to return to work on the required date, because of medical complications related to herself or her baby, she can take up to 12 weeks medical leave once she has submitted a certificate from a registered medical practitioner stating that because of disease or bodily or mental disablement, she will be unable to return to work on the required date and should state her intended date of return. 
  
  According to section 10(3) of the Act, employees who extend their absence due to medical reasons after childbirth shall be paid half pay for the first six weeks and no pay for the next six weeks (subject to the employee’s right to sick or vacation leave with pay under any other written law, industrial award or collective agreement).
  
  Additionally, an employee may postpone her return to work for non-medical reasons for up to four weeks after her required date of return, once she notifies her employer via written notice within 10 working days before her required date of return, stating the reason or reasons why she is unable to return to work and her intended date of return (Section 10(4) of the Act). However (subject to an employee's right to sick or vacation leave with pay under other written law, industrial award or collective agreement), an employer is not required to pay for this additional non-medical leave (Section 10(5) of the Act).
  
  
• You have the right to return to the same position at work after maternity leave. 
  Under Section 7(1)(c) of the Act, an employee is entitled to resume work after maternity leave “on terms no less favourable than were enjoyed by her immediately prior to her leave”

• You have the right to time off for prenatal care, with pay: 
  An employer must not unreasonably refuse time off with pay during work for a pregnant employee to go to the doctor for prenatal care.
  
  According to Section 7(4) of the Act:
  “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, subject to this Act, have the right not to be unreasonably refused time off during her working hours to enable her to keep the appointment.”
  
  Under Section 7(5) of the Act, pregnant employees who attend doctor’s visits are also to be paid for the period of absence.
  
  
• ​You cannot be overlooked for promotion while on maternity leave. 
  According to section 20 of the Act, an employee on maternity leave can't be deprived of an opportunity to be considered for promotion for which she is eligible and which may arise during her period of leave.
  
  
• Where your employer does not comply with the requirements of the Act or you are terminated because of your pregnancy, you have the right to legal redress:
  According to Section 12(1) of the Act, where an employee or employer fails to comply with the provisions of the Act, or an employee's employment is terminated on the ground of pregnancy or on any ground relating to pregnancy, or 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 of Labour and the matter would be considered to be a trade dispute. If the matter is not resolved it would be referred to the Industrial Court.
  
  Additionally, employers must keep and maintain records in respect of an employee to show whether the provisions of the Act are being complied with in respect of that employee (Section 13 of Act) and must also disclose details regarding the remuneration paid to and the terms and conditions of the employee when requested by the Ministry of Labour (Section 14 of the Act).
  
  You can find out more about the Conciliation Unit of the Ministry of Labour and Small Enterprise Development HERE.

Is there a limit to maternity leave benefits?

According to section 18 of the Act, there is no limit on an employee's right to maternity leave and her right to return to work. However, the right to be paid for maternity leave is limited to once every two years from the beginning of such leave.

Important Notice: This post does not constitute or provide legal advice. Always consult with a suitably qualified attorney-at-law on any legal problem or issue.

Law For All is managed by the AURORA Chambers Legal Practice.

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