Trinidad and Tobago expands maternity law to include fathers and adoptive parents

Trinidad and Tobago: Labour Minister Leroy Baptiste announced Cabinet has approved new sweeping  amendments to the Maternity Protection Act and Severance Benefits Act on 11 January.

In a newly introduced amendment, the act extends paid leave and workplace protections to fathers and adoptive parents while removing long criticized restrictions on maternity benefits, which limits paid maternity leave to only once every two years. This has been done to make sure that parents are entitled to protection and benefits whenever they are pregnant.

Proposed amendments to the maternity protection act, paternity and parental leave would be formally recognised for the first time in this area, not just for the biological fathers but also to adoptive parents and guardians. In addition to this, parental leaves will provide if in any circumstances the mother dies while giving birth.

Additionally, breaks for breastfeeding, with paid time off for mothers without any penalty are also being added to the newly amended act. Another addition to the act is the introduction of anti-discrimination clauses to strengthen the prohibition of dismissal, demotion, reduced pay and any other subjects related to maternity. Employers can not ask the job seeking applicants for pregnancy tests before selecting them for a job.

The legislation also guarantees  that the parents will be able to return to their jobs at the same position and under the same terms and conditions after paternity or prenatal leave.  Even in discrimination cases, the proof burden is shifted to employers, with fines.

As per the new amendment, the contract workers are also protected under the Maternity Protection Act. Matters under the Act will also be fast -tracked in the Industrial Court. One of the more significant changes  introduced is removing the current restriction limiting maternity benefits to once every 24 months.

Baptists also mention that women should not be penalized for becoming pregnant more than once in that period. “Whenever there is pregnancy, they are entitled to the protection,”  

He also announced that the amended legislation is now before the Attorney General for drafting. These remarks were made at a press conference at UNC headquarters on Sunday.