So, you’ve discovered that you’re going to have a baby!
Congratulations!
This is indeed an exciting time in a woman’s life and should be celebrated and remembered.
However, before you deliver your highly anticipated bundle of joy, you have to make sure certain things are taken care of.
As a working woman, you need to be clear about the details of your maternity leave and what benefits you are entitled to. The Maternity Protection Act governs all the particulars when it comes to how maternity leave is treated by both employers and employees. The Act also emphasises your rights as to ensuring your job security and income flow is maintained.
So, what exactly is maternity leave?
What is maternity leave?
Quite simply, maternity leave is a benefit applicable to female employees who are away from work due to pregnancy. This benefit gives expecting mothers paid, time off from work to prepare for their upcoming due dates. Female employees who are pregnant may begin their leave six weeks before their due delivery week, as finalised by a certified, medical professional.
Maternity leave is designed to allow the fulfilment of maternal responsibilities, yet maintaining job position, corporate benefits, compensation and return to work on terms no less favourable prior to leave. Maternity leave does not exclude an employee from being considered for a promotion, nor can she be dismissed from her post as a result of her pregnancy. In such a case, legal notification and recompense can be issued.
Maternity leave is also exclusive of sick days and vacation benefit and is applicable to all insured female employees whose employment history with their current company has exceeded twelve months.
How long is maternity leave in Trinidad & Tobago?
Pregnant employees are given fourteen (14) weeks of paid maternity leave. The time is intended to allow for adequate preparation by the expecting mother for her delivery, as well as post-delivery to sufficiently care for her new-born. The time is also allocated for the new mother to rest and replenish herself physically, particularly if surgery was performed, as well as mentally and even emotionally before returning to the workplace. The employee is expected to return to work after the leave period on a date agreed upon by both her and the employer.
Under the Maternity Protection Act, before the official commencement of maternity leave, pregnant employees are also allowed time off from work to attend doctor appointments during working hours to receive necessary prenatal care.
Extended maternity leave in Trinidad
For some employees, maternity leave may have to be extended for various reasons. Complications from surgery, ill health and inability to return to the work environment entails an extended maternity leave.
Employees who take extended leave due to medical reasons verified by a healthcare professional are liable to take up to twelve (12) weeks. To qualify for this benefit, a written notice must be sent to your employer with the medical certificate provided by your medical examiner and your intended date of return to work.
If an employee is applying for extended maternity for non-medical reasons, they are allotted up to four (4) weeks leave. Again, a written notice must be sent to the employer within ten (10) working days prior to her return, as well as her intended return date.
Do employers pay maternity leave?
Under the Maternity Protection Act (1998), pregnant employees are liable to receive compensation from both their employer and National Insurance. The Act states that, “during maternity leave, an employee is entitled to received pay equal to one month’s leave with full pay and two months leave with half pay”. National Insurance covers the difference.
Once an employer has been paying regular National Insurance contributions, the employee is also entitled to Maternity Benefit in the amount of $3,750.00. This benefit applies to insured women who are certified by a medical professional as being atleast twenty-six (26) weeks pregnant. Whether, the delivery results in a live birth or not, the benefit is still applicable after twenty-six (26) weeks.
To receive Maternity Benefit, it is advised to apply to National Insurance Board in the 27th week and beyond of pregnancy. Forms can be located on the website of the National Insurance Board of Trinidad & Tobago.
How long is maternity leave benefit paid?
Payment during maternity leave is expected to cover the full fourteen (14) week period, whether through employer and National Insurance contributions. For extended maternity leave, if it’s a medical reason, and the employee takes a full twelve (12) week extension as medical leave, the employee is entitled under the Maternity Protection Act (1998) to receive half day’s compensation for the first six weeks, but no compensation for the last six weeks.
If it’s a non-medical issue, she can take up to four weeks of extended leave of absence, once a written notice is sent to the employer within ten (10) days prior to her return to work. However, in such an instance, the employer is not liable to pay for this type of extension.
How to apply for maternity leave in Trinidad & Tobago?
To apply for this benefit, several conditions must be present. The expecting mother must be continuously employed by their company for no less than a twelve (12) month period. A written notice must be sent to that employer indicating that she requires a leave of absence from work, due to her pregnancy and her expected due date. This notice along with a certificate by her healthcare professional must be submitted no less than eight (8) weeks before her delivery date.
Maternity leave is not treated as a casual sick day. It must be documented and filed. Therefore, application for maternal leave of absence must be done in writing to the employer with the relevant supporting documents attached. Once these documents are sent, applications for National Insurance can also be filed and a return date can be established.
