PORT OF SPAIN, Trinidad, CMC – The Trinidad and Tobago government says it will table legislation amending the Maternity Protection Act and the Retrenchment and Severance Benefits Act.
“For the first time, the law will formally recognise paternity and parental leave, extending benefits to adoptive parents and guardians, and applying parental leave where a mother dies following childbirth,” Prime Minister Kamla Persad-Bissessar said in a post on her social media platform X, under the heading “Major wins for working families”.
Her statement follows an announcement by Labour Minister Leroy Baptiste that the Maternity Act will soon be amended to benefit fathers and guardians, and to provide benefits to women who become pregnant twice in one year.
Speaking at a news conference at the headquarters of the ruling United National Congress (UNC) on Sunday, Baptiste said that, regarding the Maternity Protection Act, the government would have recognised certain lacunas and therefore amended the relevant legislation.
He said the Cabinet would have given its approval and that the amendments are now before Attorney General John Jeremie, who is drafting them.
“Finally, that Act will now treat with an issue that has bothered the workers, the issue of paternity leave. Biological fathers and adoptive parents will get to leave when we have a situation of a mother delivering a baby.
“I want to stress, not just the biological fathers, but also for adoptive parents. Moreover, it will also apply to when… God forbids… a mother dies. Fathers or guardians of that child could access parental leave. It’s one of the fundamental gaps the Maternity Protection Act will address,” Baptiste said.
He said that the maternity protection amendments will also, for the first time, address workers’ rights.
“It will be about making it explicit that it also applies to persons employed on contract. The person employed on contract is guaranteed their job, and it can’t be a basis for not being re-employed.”
The Labour Minister said that the government will also create a provision allowing such matters to be fast-tracked in the Industrial Court.
“There will not be a period to have a prolonged process where there is an aggrieved employee resulting from their rights being violated,” he said, adding that women will no longer be subjected to “maternity benefits once every 24 months.
“That will not be anymore. It’s contrary to the general rules if a woman is penalised for being pregnant twice in one year. We disagree. They are entitled to the protection.
“That Act will not only make a serious impact upon our womenfolk, but also upon fathers and adoptive parents. Seek to align it with contemporary practice around the world. Also (in alignment) with the ILO (International Labour Organisation) Convention with respect to maternity leave and protection.”
He also said that “lactating mothers will be statutorily protected for time spent on breastfeeding and the expressing of breast milk” and that they will be allocated time with pay to do so. They will not be penalised for addressing the issue of breastfeeding.
“Amendments will include anti-discrimination. The legislation will prohibit demotion or loss of pay due to paternity or breastfeeding breaks. It will be treated with a guarantee of the same job, same pay, same job opportunities, and the same terms and conditions.
“Above all else, if at all, there is any discrimination, it places the burden of proof where a worker would bring a discrimination case. It would seek to introduce appropriate fines if employers breach this section.”
Prime Minister Persad-Bissessar, in her post on social media, said the reforms will introduce paid breastfeeding breaks, strengthen protections against workplace discrimination, ban pregnancy testing for job applicants and employees, guarantee a return to the same job after maternity, paternity, or parental leave, shift the burden of proof to employers, extend full protections to contract workers, and fast-track cases through the Industrial Court.
“I say again to young women finding your path: reflect on the gift of motherhood. You do not have to choose between a career and a family; you can have both.
Mothers have always been the pillars of our homes and a driving force of progress in Trinidad and Tobago. Our nation was built by generations of women who ensured their children had better lives in a stronger, more progressive country,” Persad-Bissessar wrote.
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