Maternity Leave In Jamaica

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Maternity leave is a period of time that a mother takes off from work before and after the birth of a child. Maternity leave is super important because it allows new moms to recover from childbirth and bond with their newborns without having to worry about work.

It’s a crucial time for both physical and emotional healing, and studies show that taking adequate maternity leave can lead to better health outcomes for both mom and baby. Plus, it gives working moms the time and space they need to adjust to their new role as parents, which ultimately benefits everyone involved.

Maternity Leave Entitlement

You are entitled to 60 working days of paid maternity leave. You can get additional days for your maternity leave but they will be unpaid. In the Public Sector, for unpaid maternity leave, you can get no more than 45 working days (except in cases where Permanent Secretaries and Heads of Departments grant more).

Maternity leave can begin before your date of delivery, once all eligibility requirements are satisfied.

Maternity Leave Eligibility

Female workers are eligible for maternity leave once the following criteria is met:

at least 18 years old,

full time employees should be working for at least 12 months straight (continuous service),

part time employees should be working for at least 12 months straight, working at least 18 hours per week,

the duration of the pregnancy should be at least 28 weeks.

N.B. In the instance of a stillbirth, you are eligible for the full maternity leave benefit. Stillbirth is any instance where the baby is born dead after the twenty-eight week of pregnancy.

Maternity Leave Pay

You are entitled to your full basic salary. Overtime and premium amounts are not included.

For employees who are paid at time rates, the weekly maternity pay is the normal wages earned in respect of the last normal working week.

For employees who are paid at piece or task rates or on a commission basis, the weekly maternity pay is 1/13 of the aggregate normal wages earned by them in respect of the last 13 normal working weeks.

To get maternity pay, you must tell your employer when you expect to have your baby. You must do this in writing if your employer asks. You must tell your employer at least 2 weeks before your baby is due, or as soon as possible if the 2 weeks notice is not feasible.

You are not entitled to maternity pay if:

you do not produce the relevant medical certificate relating to your pregnancy which states your expected delivery date (if your employer requests this certificate);

your employer has already grated you maternity leave with pay for three or more pregnancies.

Maternity Leave Allowance for Domestic Workers

Unfortunately, Domestic Workers are seen as “informal” workers and are therefore not covered under Jamaica’s Maternity Leave Act. However, the National Insurance Scheme (NIS) provides some help. Under the National Insurance Act of Jamaica:

Domestic workers in Jamaica can claim for maternity leave allowance from the NIS.
The maternity leave allowance is for a maximum period of eight weeks.
Maternity leave allowance can be claimed no earlier than 11 weeks before the expected date of delivery and no later than six months after delivery.
To qualify for the allowance, domestic workers must have paid at least 26 NIS contributions in the last 52 weeks preceding the period for which the maternity leave allowance is payable.
To qualify for this allowance, domestic workers must provide the required paperwork, with their claim to the NIS, stating their expected date of delivery.
The maternity leave allowance is calculated based on the national minimum wage at the time of the claim.
The maternity leave allowance is paid as a lump sum at the eight week mark.
The employer is not allowed to terminate the employment of a domestic worker solely because she is pregnant or on maternity leave.

Our suggestion to domestic workers is that you have a written contract with your employer and in this contract, have your employer agree to maternity leave based on the Maternity Leave Act of Jamaica.