Tuesday, 1 June 2010

Maternity Leave Pay

Q: My boss doesn't want to pay me properly during maternity leave. Is there anything that shows how much he must pay?



A: Firstly, congrats on your pregnancy!

Secondly, you must be employed full-time for at least 12 months. If you meet that criterion, your protection lies under The Maternity Protection Act, 1998 of Trinidad and Tobago. Direct your boss to s.9(1) and (2), which states:


(1) An employee is entitled to thirteen weeks maternity leave and may proceed on such leave six weeks prior to the probable date of confinement as stated in the medical certificate submitted under section 8(1)(c) or at a subsequent date at the employee's discretion, and is required to return to work, subject to section 10, no later than thirteen weeks from the date she proceeded on leave.

(2) During the period of maternity leave, an employee is entitled to receive pay from her employer to an amount equivalent to one month's leave with full pay and two months' leave with half pay.

Good luck, and let me know the outcome!

228 comments:

1 – 200 of 228   Newer›   Newest»
ThickSauce said...

My situations different. My name is Jernella and I live in Trinidad. I'm doing my degree in Education and I have a bias lecturer that claims there is a law that states I MUST stay home three weeks after the birth of the baby. The thing is this is my last semester of the degree and he knows that if I do that I will have to stay back and repeat the whole year. I believe this is true if he were a paying employer but I'm just a student and I would like to believe that it's my decision when I come back. Is this law true?

Trinbago Rights said...

That's the most ridiculous thing I have ever heard. Staying away from school or work after giving birth is your choice. They could possibly stop you before (usually a week or two) to avoid any complications associated with you going into labour unexpectedly, but as a student, this probably won't even apply.

According to Section 9(1) of the Act, you're entitled by law to at least 6 weeks post-birth leave... so 3 weeks is wrong, and that ONLY applies to employees. You should report the lecturer for his misconduct.

Anonymous said...

Hi, is it absolutely necessary to commence maternity leave an entire month before the estimated date of delivery? If I choose to start it 3 weeks before my EDD, will this be acceptable?

Anonymous said...

I have been employed on contract with a Govt Ministry since 2004. However my contract ended on 2nd March 2012 and I was only brought back on a 6mth contract as of mid August 2012. However I am now 20 weeks pregnant and I am being told I would not be entitled to Maternity Leave come December 25th which is my due date. This is a bit unfair as I have given that ministry almost 8yrs of service prior to this short term contract of 6mths.

Anonymous said...

Good day

If an employee was absent the day before or after a holiday, is the employee entitled to get paid for the holiday?

Also, if and employee still has sick leave days left for the year, and the employer refuse to pay the employee for one of his sick days, is this legal?

Anonymous said...

how much months apart should you children be to qualify you to apply for maternity leave?

Anonymous said...

i am employed with this company since september of last year continously, i found out that i am pregnant and due in july, 2013. They are telling me that i am not allowed to enjoy the benefits of maternity. can i please get more information on this topic...thanks

Trinbago Rights said...

You must be continuously employed for 12 months before those benefits will apply to you.

Anonymous said...

this is the same person that is employed with the company in trinidad since september of last year,so do i have any benefits that i am entitled to?
i am not even allowed the time of to gog to my doctor visit, i dont get paid for it. So am i entitled to nis?

Trinbago Rights said...

I just responded to someone asking the same question right above you, so I don't understand why you would ask it again.

You must be continuously employed for 12 months before those benefits will apply to you.

Anonymous said...

I'm a contract worker and have been working for the past 5 months, but my employer hired me when i was already pregnant, I'm i entitled to maternity leave or/and N.I.S? And where would i get solid proof of this?

daniel pedro said...

good day, can the father of the baby apply for any nis benifits during this period or is he eligible for any benifits?

Anonymous said...

If u are not working can u apply for maternity grant my husband works

Trinbago Rights said...

Why don't you just contact NIB?

Trinbago Rights said...

12 months is the qualifying period.

Anonymous said...

Can you be fired for taking medical sick leave, granted by your doctor during pregnancy before your maternity leave starts?

Trinbago Rights said...

That's illegal. Your employers will be very stupid to do something like that.

Anonymous said...

I have two employee's who is pregnant. She hasn't officially told me. I heard it through staff.

One has only been with me for 3 mths and still on probation, and the other with us to 7 months and past her first trimester.

Do they qualify for benefits ??

I am getting two different stories when liaising with HR officials

Trinbago Rights said...

If an HR "official" tells you that she can get benefits, you need to fire that person. You should retain my company to deal with these issues for you "JB & Associates Employment Consulting".

Anyway, The Maternity Protection Act 1998 clearly states:
Section 8(b) - continuous employment of at least 12 months

Neither of your pregnant employees are entitled to benefits through you.

She may qualify through the NIB.

868Eli said...

Hi can you let me know how many days of parental leave are men currently granted in T&T?

Trinbago Rights said...

Currently, I only know about the 4 days given to Teachers.

Anonymous said...

I read in the act that once ur eligible for vacation leave it can be granted after maternity leave. If u want over 50days can ur supervisor only give u 30 n say that's the most she can give? N u hav over 70 days of vacationm

Trinbago Rights said...

If she believes that you taking that many days would have a negative impact on the company, then yes. Maybe your role is important and she needs work to be done? I can't say.

However, it doesn't mean that you can't use your remaining days at another time.

Anonymous said...

Goodnight I am employed with a company for 8yrs i am currently on bed rest (SICK LEAVE) because of a medical issue during my pregnancy which was documented and sent in confidence to my employers & NIB stating my present situation also my due date. however my manager sent me a letter which states that i was put on NO PAY LEAVE until a date after my due date I'm totally confused question: could you be on sick leave and be put on no pay leave does this mean I'm not entitled maternity leave

Anonymous said...

My employer is taking out money for nis but not paying it,is there something I can do about that to make them pay?

Anonymous said...

So what does the employer really do in a case where the worker did not know she was pregnant when taking up employment with the firm and has not worked 1 yr continously, where she does qualify for NIS since she would have made thirteen weeks contributions?
Is it that she has to go on no pay leave for a certain period of time around the delivery date?
Does that employer have the right to release that worker.
Is it safe to say that that employees employment is not gauranteed if she does go on no pay leave?

Trinbago Rights said...

Her only option would be no-pay leave.

Getting fired for being pregnant is illegal.

Trinbago Rights said...

Report them.

Anonymous said...

I am confused about maternity benefits payment.... If my employer is paying 1 month full and 2 months half salary, then I assume NIB will be paying the other 2 halves. However I know of persons receiving 1 month full and 2 months half from NIB in addition to the 1 month full and 2 halves from their employer. What is the real payment? My assumption or the 1 full and 2 halves from NIB

Anonymous said...

Hi I had been employed with this company for 2ys and I left in 2012 after finidin out I was preg I'm I qualify for the maternity grant

Anonymous said...

Are persons of other Caribbean countries entitled by law to be paid a salary whilst on maternity leave

marsqueen said...

Hi, I have been working a year now on 3 month contracts and now started a 3 year contract. I have been employed in the same ministry for 5 years now on different contracts. I never broke a contract for not even for a day. I am currently 3 month pregnant am I entitled to maternity benefits.

marsqueen said...

Hi, I have been working a year now on 3 month contracts and now started a 3 year contract. I have been employed in the same ministry for 5 years now on different contracts. I never broke a contract for not even for a day. I am currently 3 month pregnant am I entitled to maternity benefits.

Trinbago Rights said...

Yes, absolutely.

Trinbago Rights said...

If you specified a country, I may have been able to help.

Trinbago Rights said...

I am not sure what you're asking.

Trinbago Rights said...

NIB may be best suited to answer that.

Trinbago Rights said...

Absolutely.

Anonymous said...

Hi, What protective law is there for a breast feeding mother who has to return to shift work (6am-2pm, 2pm - 10pm and 10pm-6am shifts) immediately after her maternity leave ends? The place of work is an alcoholic beverage factory. Some one suggested that I should be on 6 months daylight work hours. Is this true?

Thanks

Anonymous said...

Hi.....I had my baby at 27weeks.....he over for 15 days and passed away.....do I have to take maternity leave? And if I do what will I be paid?

Trinbago Rights said...

Is that company policy? This can possibly be seen as indirect discrimination.

Anonymous said...

If u was working for 7 months an leave an 6 months after they hire u back a u are 6 months pregnant are u able to get NIS

Trinbago Rights said...

12 months continuous is required for maternity leave pay...

Anonymous said...

Hi, need some advise. I am employed with a company on contract, fulltime since February 21, 2013 and therefore this year February I would have made 1 year with them. I unfortunately have to go on maternity leave by January 31 2013 making me 21 days short of making my year with the company. They advised that they would not be able to pay maternity leave and also ended my contract effective the start of my maternity leave. Any advise as to how to proceed and my rights under the Maternity Act?

Anonymous said...

Hi,I have been,employed wit my job for,the past 6 months and and I have worked straight Down to my 37 week of pregnancy and am still waiting on the hr to send up my maternity form since last yr November and we are already in Feb 2014,so pls can u give me some advice on what should I do since they are takin so long to sign and Stamp my NIS form..i know I won't be able to get any maternity benefits from them becus i haven't make the 12 month employment period wit them but I know I made my 13 contributions through my Nis to NIB so I wod be entitled to a lump sum from them but my employers are extremely stickin to sign the form.what should I do..

Trinbago Rights said...

You need to write a letter or I can write a letter on your behalf. Send me a private e-mail.

Trinbago Rights said...

They fired you for being pregnant? They must be mad!

Send me a private e-mail.

Anonymous said...

Does a person who was employed and left entitle for maternity benefit?

Trinbago Rights said...

12 months continuous employment is required...

Anonymous said...

I am going on maternity leave. when calculating paye taxes, my total salary for the year would be what my employer gave me alone? and not what i am entitled to with nib right?

Anonymous said...

Is someone who is unemployed entitle to claim benefits from NIB

Anonymous said...

hey i am currently employed with service commission in Dec. 2012 where i was wrking in an office den was transfer to another ministry in August 2013. I am currrent 20 weeks pregnant and want to kw if i am entitled to maternity leave and benefits.

Trinbago Rights said...

Yes

Anonymous said...

I know you stated that Paternity Leave for teachers is 4 days. However what does the law state for regular employees. (Non-Teachers)

Anonymous said...

are clinic days for pregnant women paid days

Cammy said...

Firstly, thank you for taking the time and effort on this blog.

Secondly, could you tell me what is the most recent information concerning paternity leave and what official document could it be found in? For example, if I were to go to the Government Printery and request what ever Acts concerning maternity leave and paternity leave, what could I ask for?

Thank you :)

Trinbago Rights said...

Yes. See the following sections of the Maternity Protection Act.

7. (4) 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.

7. (5) An employee who is permitted to take time off during her working hours, in accordance with subsection (4), shall be entitled to receive pay from her employer for the period of absence.

Simone said...

Hi i'm presently employed with CEPEP and have been since Jan. 2012. i am 3 weeks away from going on my maternity leave so i'm wondering if the payed maternity would be in effect with CEPEP workers too.
Thanks

Trinbago Rights said...

I'm actually not familiar with the structure of CPEP, but I will try to find out this week. Send me a private message and I'll get the info for you.

Anonymous said...

During vacation, if any public holidays are included they are added on to the vacation leave. Does this also apply to maternity leave?

Simone said...

CEPEP means Community-Based Environmental Protection and Enhancement Programme. And I don't know how to get a private message to you.

Anonymous said...

Does section 7.(4) and 7.(5) only cover employees working for twelve months consecutively?

Anonymous said...

Are there any circumstances that allow an employer to send you on "leave without pay" due to pregnancy and does this affect the employees right to maternity benefits?

Trinbago Rights said...

The only employers who do that are the ones who want to be sued. That's is discrimination.

Send me a private e-mail.

Trinbago Rights said...

I didn't say I didn't know what the acronym stands for, I said I don't know what the structure is, meaning, the way the pay and how they class workers.

E-mail me via "About Me".

Trinbago Rights said...

Yes.

Anonymous said...

Hi,i have been employed as an OJT since october 2012 however i work at a school so i don't receive a stipen during christmas,easter,and august vacation.My due date is 1st sept,what benefits am i entitle too.
Thank you

Trinbago Rights said...

You are entitled to maternity benefits just like everyone else.

Andre Joseph said...

im 29 wks pregnant an i hav been workin wit a company as of march 11 2013.they are chinese people.im payin nis 2...if dey take too long too sign my form wat shud i do an im always tired an sick so i was wonderin if there is any way i cud leave before my maternity leave dates

Trinbago Rights said...

As it stands, Teachers and those in the Civil Service are allowed 4 days. It doesn't apply to anyone else.

Trinbago Rights said...

That's what the Act says in 8(1)(a)

Trinbago Rights said...

10. (2) An employee who extends her absence from work for medical reasons under subsection (1) may do so for a period not exceeding 12 weeks after the required date of return and shall inform her employer in writing of her intended date of return.

10. (3) Subject to an employee's right to sick or vacation leave with pay under any other written law, industrial award or collective agreement, an employee under subsection (2) shall be paid half pay for the first six weeks and no pay for the next six weeks.

Trinbago Rights said...

Nothing yet. Only Teachers and those in the Civil Service

Anonymous said...

Hi, I was in a three year contract from January 31st 2011 to January 30th 2014. I started another three year contract (same Ministry) the next day (January 31st 2014 to January 30th 2014). I found out i was pregnant in April and will be due October 15th 2014. Will I be entitled to maternity leave with pay from my employer.

Anonymous said...

Hi, If I take maternity leave commencing 8th September, 2014. I work Monday to Friday. When should I return to work? Are holidays such as Republic day and Divali added to your maternity leave.

Trinbago Rights said...

Depends on if you get paid for holidays or not.

Trinbago Rights said...

Yes... your employment is continuous despite the new contract.

Anonymous said...

Hi i was told that since i will not be making a contribution for 8 weeks i will not qualify for maternity benefits.

Trinbago Rights said...

12 months.

Anonymous said...

Can a person go on maternity leave six weeks before due date. For example due date is 16th September, 2014 and will take leave from 4th August 2014

Anonymous said...

Good day, firstly thank you for having this blog. I find it very helpful.

My question relates to clinic appointments. I work in the private sector and my boss indicated that she cannot approve a whole day for my clinic appointment. Secondly, she expects me to take this leave from either sick or vacation leave.

Tell me what are my options.

Anonymous said...

Hi is it right for an employer not to pay N.I.S. until an employee probation period is over and also if an employee gets pregnant during their probation period could they be laid off

Trinbago Rights said...

If you're fired because of your pregnancy, it is illegal.

Anonymous said...

What if it's not permanent? Is it possible for the contract to be terminated? I recently started working under a contract and I'm just finding out I'm four month's pregnant. I know I wouldn't be able to be paid for my maternity however I just want to be sure I should still have a job at the end of it.

Anonymous said...

Hi I just started working with a company a couple weeks ago and I found out I'm going on my fourth month of pregnancy. The employment is based on a contract. I don't mind taking leave with no pay or even shortening my leave provided I have a healthy delivery. However does the company have a right to terminate my contract?

Trinbago Rights said...

Please read the above conversations. I have repeated this a million times.

Any type of action taken during employment based solely on pregnancy is illegal.

Trinbago Rights said...

That doesn't sound unreasonable to me. You don't need an entire day to attend the clinic, do you?

And yes, prenatal care can come out of your sick leave, not vacation.

Trinbago Rights said...

According to s.9(1) of the Act, you can begin your maternity leave anytime between 6 weeks prior and the pregnancy date.

Anonymous said...

Hi i would like to know if your maternity leave benefit can be retracted or u will have to give it back/reimburse it if you decide not to return to your job (resign) after maternity leave. I work in the govt service on a two year and then a one year contract at present.

Trinbago Rights said...

Of course not.

Anonymous said...

Reference to your response to the question below. If the RHA is stating that the break in service makes you illegible for paid maternity leave but your contract clearly states 1 year for eligibility what are your legal options.

(Reference)Anonymous29 June 2014 20:45

Hi, I was in a three year contract from January 31st 2011 to January 30th 2014. I started another three year contract (same Ministry) the next day (January 31st 2014 to January 30th 2014). I found out i was pregnant in April and will be due October 15th 2014. Will I be entitled to maternity leave with pay from my employer.

Trinbago Rights said...

That's not a break in service. If they're telling you that, you need to contact your union rep or send me an e-mail.

Anonymous said...

My baby is due in January 2015. Our organization is usually closed 2 weeks in December and would resume in January. Is it ok for me to start maternity leave in January rather than December given that the due date is January 18th 2015?

Trinbago Rights said...

Any closure or vacation period is excluded from maternity leave, so regardless of when the leave begins, those two weeks would be added to the end. But I guess the easiest way is to begin the maternity leave after the closure in the new year.

Anonymous said...

Am employed as a lotto operator I have been employed for the past 2years but my employer breaks our service every 3 months those she have to pay part of my maternity leave or not

Trinbago Rights said...

Breaks it how? How long?

Anonymous said...

Hi I'm 5 mths pregnant and I have been employed with a company for over 4 years now, due to many complications in my pregnancy I have to attend clinic regularly, however, my employer refuses to pay me for my clinic days and says he has never know about anything like that because he never had to pay his previous employees, he even went as far as to get his consultant involved and apparently his consultant does not know about this either, I am beginning to think that I am the wrong one here, am I supposed to get paid for my clinic days or not?

Anonymous said...

hi good evening, just want to find out a question, I'm a pre school teacher working in a private school, i have been working their for 4 years and now i'm pregnant, my employer state that that the school will not be paying maternity leave, what she state that together with her and my health advisor will fill out the necessary NIS forms for payment, my question to you can she do this? is this legal?, if not what can i do about this.

Trinbago Rights said...

If you've been working for more than 12 months, it's illegal.

I think your employers need to be reminded of their obligations under the law.

Send me an e-mail so I can assist you further.

Trinbago Rights said...

Guide your employer to the MPA 1998:

7. (4) 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.

7. (5) An employee who is permitted to take time off during her working hours, in accordance with subsection (4), shall be entitled to receive pay from her employer for the period of absence.

According to health professionals, the prenatal visits should be:
• Weeks 4 to 28: 1 prenatal visit a month
• Weeks 28 to 36: 1 prenatal visit every 2 weeks
• Weeks 36 to 40: 1 prenatal visit every week

Now, if you’re having complications and your time off is more than this, then you may be hindering the operations of the company, and then I can see the employer having an issue. But that’s another complication by itself.

Anonymous said...

Hi,

I work in the private sector where we are usually paid during public holidays. If public holidays fall during my maternity leave, am I entitled to get those days back? I was advised that I would only get days added on if a public holiday coincided with vacation.

Trinbago Rights said...

Correct.

Trinbago Rights said...

They have to sign it. If not, report them.

Sorry for the delay.

Trinbago Rights said...

That's a question for Inland Revenue.

Trinbago Rights said...

Questions like this annoy me because the requirements are clearly stated in the post.

Anonymous said...

Ok so this month I had 2 clinic days and I did refer my employer to the MPA to which he said he was going to speak with his consultant and get back to me, the entire month passed and it so happened he told me he did not get to speak with his consultant and he deducted the days from my salary. he said by year end he will speak to his consultant and from there on he will know what to do but for now the deductions will continue. Is there anything that I can do about this? or am I supposed to just wait for him to speak with his consultant ?

Trinbago Rights said...

Look under "About me" and send me a private e-mail.

Anonymous said...

If a business is closing down and I am about to go on maternity leave do they still have to pay me as well as I have two weeks vacation pending do they have to pay me for that as well.

Trinbago Rights said...

http://trinidadandtobagolegalrights.blogspot.com/2014/11/salary-and-benefit-payments-during.html

Anonymous said...

In work in the private sector and during my pregnancy (at 30 weeks) I was put on sick leave until delivery. My employer wrote me advised that I was placed on maternity leave and the balance of my sick leave was applied to the maternity leave. Does an employer have the right to do that without consulting the employee? As it was, I would have had only 6 weeks with baby before returning to work!

Anonymous said...

Do you pay PAYE while on maternity leave?

Trinbago Rights said...

That is illegal. I have answered this many times on this website.

Anonymous said...

Good Day, I work in the private sector, is an employer legally required to have provisions in place (room etc) for the express of milk for breast feeding mothers?

Trinbago Rights said...

No.

Rishma Persad said...

Good day, What benefits eg. sick leave, casual leave, are OJT's entitled to?

Trinbago Rights said...

Same rights as everyone else, but no one is fighting for it. No matter how much I tell OJTs to come to me, so we can go after the government.

Trinbago Rights said...

Yes.

Anonymous said...

Hi,
I would like to know if an employee receives benefits/ allowances such as COLA, Pension, telephone and travelling, would their allowances be protrated? or would that not be entitlted to any benefits?

Thanks in advance for your response.

Trinbago Rights said...

I tried my best, but I couldn't understand what you're asking.

Anonymous said...

Good morning, Firstly I must thank you for your assistance to women who need intervention, as employers seem to lack knowledge of the maternity laws of Trinidad and Tobago.

I am presently faced with a challenge but would accept if I maybe wrong. After working my contracted period with my institution, I was paid less the amount I should receive for my gratuity. The reason given was that during my maternity period I was paid by the institution one month full pay and two months half pay within my maternity period.

I argued maternity protection act 4 of 1998 section 21 with my employersa and their response was

The two months that I received half pay that was paid by NIS is deemed in their understanding as a "benefit" and therefore, because their is a distinct between salary and a benefit or allowance and grant, the Institution states that it is fortified in it's view having considered the legal definition for the term salary.

Hence the calculations of gratuity paid was base upon monies that the Institution paid me during the period I worked. In light of the that information, I am asking,

1. Is that explanation correct?
2. If not what can I do with this matter?

Anonymous said...

Hi

I know you may have answered these questions in previous posts but I wasn't able to locate them.

If you can kindly answer 2 questions for me please:

No1. If during the pregnancy the doctor puts you on 4months bed rest prior to delivery of the baby.How does this work,Are you the employee entitled to these 4months with full pay in addition to the 14weeks maternity leave after the baby is born?

No.2 If you have unused vacation are you allowed to take it right after maternity , so that maternity rolls into vacation?

Thank you in advance for responding.

Anonymous said...

I'm an OJT...You're entitled to 12 days altogether...if I remember correctly. 5 sick leaves and 7 personal days. Additionally, you get up to 2 hours tie off if you have school/classes and the day off when you have exams.

Trinbago Rights said...

#1 - No, that 4 months would be unpaid leave once you've used up your sick leave.

#2 - Yes, but of course, it's up to your employer to approve it.

Trinbago Rights said...

Their argument seems to be correct, but it's the first I'm hearing of it.

Anonymous said...

Hi I'm working with this company for 2 yrs..I recently found out that im pregnant yes my boss said I'll get maternity leave pay. But I find 3 months is a little bit to stay away form ur child n I have been getting problems with my manager she pisses me off..if I leave on my maternity and I don't wanna come back..after I leave..is that possible or I have to go back n work??

Trinbago Rights said...

Slavery was abolished in 1834, so if you choose to stay home, that's not a legal question... no one can force you to work.

nikisha said...

is it right for your employer to send u on maternity leave without your consent

Trinbago Rights said...

No, it's the employee's choice to decide when.

Section 9(1) of the MPA states that an employee is entitled to fourteen weeks maternity leave and she may elect to proceed on such leave six weeks prior to the probable date of confinement as stated in the medical certificate or at a subsequent date at the employee’s discretion.

melissa baptiste said...

I started working on 10th March 2014 on contract of which was was never broken however I recently got permanent and I just found out am pregnant my due date is 3 September 2015 do you think am entitled to maternity benefits

Trinbago Rights said...

Of course... I wouldn't say anything to your employers until 11th March, so you'll be sure that you've met the 12-month requirement.

Anonymous said...

Good morning,
I am a monthly paid contract worker. My gross salary is nine thousand dollars ($9000.00). I went on maternity leave from 18 September to 24 December, 2014. I got an approval letter stating one month full pay from 18 September to 17 October 2014 and two months and one week half pay with effect from 18 October to 24 December 24 and to resume on December 29th, 2014. I resume on 29th December 2014. I got full salary with NIS, Health Surcharge and PAYE deduction for September and October. In the month of November I got $4500.00 as gross salary which is half salary. Then in the month of December I got gross salary as $5516.13, an overpayment of $1000.00 was deducted and $5.00 as PAYE.
I received a letter stating i received full pay for period 18 to 31 October 2014 which resulted in overpayment of $1999.26.
Please let me know if this was calculated right.

Thanking you in advance.

Trinbago Rights said...

Section 9(2) of the MPA says 1 month full pay and 2 months at 1/2 pay.

Pregnant said...

If I am pregnant again and the baby due 15 months after I last went on maternity leave Am I still entitled to leave with pay?

Trinbago Rights said...

According to section 18(2) of the MPA, you're only entitled to maternity leave pay every 24 months.

Anonymous said...

Therefore, I should take this up with the relevant person

Anonymous said...

Good day, when checking the 14 weeks of maternity leave, can you confirm that you do not get extra days when a holiday occurs during that period of time?

Anonymous said...

Hi,
I am on a two year contract. The contracted period is 1st April 2014 to 31 March 2016. I am thirteen weeks pregnant and the doctor gave me two weeks sick leave due to complications. However I am monthly paid in my contract and has fourteen days sick leave in each twelve month. I can only take vacation in the 11th month. I have also utilized four days sick leave before.
I would like to know if money will have to be deducted from my salary for days taken in excess which was due to maternity. I am given time off to attend clinic.

Trinbago Rights said...

Normal time for clinic days are:
Weeks 4 to 28: 1 prenatal visit a month
Weeks 28 to 36: 1 prenatal visit every 2 weeks
Weeks 36 to 40: 1 prenatal visit every week

Anything else, you'll have to use your sick leave & vacation. If that's used up, your employer can deduct your salary.

Anonymous said...

Hi

I am currently unemployed and pregnant do i qualify for maternity grant from NIS as I have been paying NIS prior to this all the time since my legal age of employment?

Trinbago Rights said...

You should.

Anonymous said...

How long do NIS take to give you the money

Trinbago Rights said...

Ask the NIB

Anonymous said...

How much time is an employee who has had a miscarriage at 28 weeks entitled to. Does the employer have to pay full maternity benifits even though she didint reach the time to go on maternity.

Trinbago Rights said...

No law regarding this.

Anonymous said...

Good Day,

I have been employed with a company for 3 years. (Currently preganant) Due to the current situation with the economy, if my employer decides to fire me, since there is no current jobs (we are an engineering fim) would this be legal

Trinbago Rights said...

As long as you're being fired for a reason other than your pregnancy, it's legal.

Trinbago Rights said...

I can't confirm that because it's not true.

OF COURSE you get extra days if there's a holiday.

krissynaipaul said...

I have been employed with a company since August 1st 2014. I became pregnant the last week that same month but unaware as I received no symptoms except for irregular periods which was normal since I gave birth to my 1st child in January 2014. I only found out in October 2014 when I got eczema and they ran blood tests,etc. I immediately informed my employer. By this time my probation period (3 months) was over and I became permanent. My due date is 16th may 2015 and I go on maternity leave from 28th April 2015. I know that you said you must be working continuously for 12 months in order to get maternity leave with pay from the employer but I researched and found that in the case of daily paid workers, they must be continuously employed for 150 days. I am a daily paid worker, I am rosterd to work 246 hrs a month. In this case, I'm I entilted to maternity leave with pay from this company?

Trinbago Rights said...

Yes, if you're hourly paid, according to section 8(2) of the Maternity Protection Act, you are considered to be continuously employed if you work 150 days within a twelve month period, and therefore entitled to maternity leave with pay.

Miss Kay said...

good day i have a question.............
i started a job on the 31st of October 2014 and in February of 2015 i got pregnant so with i was advise that in order for me to fall under the pregnancy act i will have to work my entire 8 mths and something in my work place but with doing that will i be still cover under the pregnancy act??

Trinbago Rights said...

There's no such thing as a pregnancy act... you clearly haven't read the post before asking this question.

If you're monthly paid, you must be employed for 12 months. If you're hourly paid, 150 days is sufficient.

Anonymous said...

So what about the act 10(4) does that mean you have to come back out to work?

Anonymous said...

I am working in my company for the past 6 yes this is my second pregnancy, I am 28 weeks pregnant and when I told them I have clinic all of a sudden I have to apply for it as a personal day. I know this is not legal so what can I do about of?

Anonymous said...

I'm a bit stressed as I was told today that I should not have been paid while on maternity leave given that this is my second pregnancy in 24months. I gave birth in September 21, 2013 and January 12th 2015. If I had known before maybe it wouldn't be so hard but now I have to pay back at least 14,000.00. Could you kindly confirm if this is correct.
On a good note though I just realized while reading throught the blogs that any public holidays during the period of maternity leave should be added as in the case of vacation. Under what section of the act is this found?

Anonymous said...

My maternity leave started in January 5, 2015. I received full pay 6600 in Jan, 1/2 pay in Feb and March. In April I was also short paid as my gross was $5,400.00 I queried it but they said it is accurate but I do believe something is wrong. Any thoughts.

Trinbago Rights said...

Maternity Protection Act 1998, as amended
Section 9.(2) During the period of maternity leave, an employee is entitled to receive pay from her employer to an amount equivalent to one month’s leave with full pay and two months’ leave with half pay

Trinbago Rights said...

MPA 1998

Section 18. (2) - "An employee’s right to pay for maternity leave under section 7(1)(b) is limited to one payment during each period of twenty-four months commencing at the beginning of such leave."

Section 19 - "Where an employee is entitled to maternity leave as referred to under section 9 of this Act, that leave shall be in addition to any vacation leave and sick leave to which that employee is eligible."

Trinbago Rights said...

MPA 1998, as amended

Section 7.(4) - “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.”

Section 7.(5) - “An employee who is permitted to take time off during her working hours, in accordance with subsection (4), shall be entitled to receive pay from her employer for the period of absence.”

Unreasonably... So "reasonable" time for a "normal" pregnancy based on international standards should be:

Weeks 4 to 28: 1 prenatal visit a month
Weeks 28 to 36: 1 prenatal visit every 2 weeks
Weeks 36 to 40: 1 prenatal visit every week

Trinbago Rights said...

10(4) allows for an extra unpaid 4 week extension to maternity leave, but notice must be given in writing at least 10 days before the expected day to return to work.

Employer said...

Good Day,
I have an employee who is due to go on Maternity Leave in July. She has been applying for sick leave every time she goes to her clinic visits as she does not return to work after her visits. However she started attending Lamaz classes a few weeks ago during her normal working hours. The first time she went she submitted a leave form for the time off but did not indicate how the leave should be treated. She has continued to attend these classes but has not informed the company the dated and times she would be doing so nor the duration of these classes. I became aware of her taking classes b/c on occasions when the manager asks for her, her co-workers say she is at Lamaz class. How should I treat with this situation? Is she entitled to take time off for Lamaz Classes with pay? Isn't she supposed to inform the employer of her intention to do so?

Trinbago Rights said...

Quoting from a previous response:

Normal time for clinic days are:
Weeks 4 to 28: 1 prenatal visit a month
Weeks 28 to 36: 1 prenatal visit every 2 weeks
Weeks 36 to 40: 1 prenatal visit every week

Anything else comes out of sick leave & vacation. Everything else will be unpaid leave.

Anonymous said...

Hi,

I have 2 employees that were on paid maternity leave sometime last year, both employees are about to go off on maternity leave yet again, 24 months have not elapsed from the first leave.

In keeping with the Maternity Protection Act (MPA) section 18. (1) Subject to subsection (2), there is no limit to an
employee’s right to maternity leave under section 7(1)(a) and her right to return to work under section 7(1)(c).

(2) An employee’s right to pay for maternity leave under
section 7(1)(b) is limited to one payment during each period of
twenty-four months commencing at the beginning of such leave.

Is it that these employees are not entitled to paid maternity leave?

Also, our company policy is very much outdated and quite vague on the issue of maternity leave. It states that the employee shall be entitled to leave of absence on full pay for a period of 13 weeks. The MPA has changed this to 14 weeks.

Our policy is favouable to the employee, however it is contrary to the MPA.

Which prevails and why?

Trinbago Rights said...

I'm not sure which Act you're quoting, but the 24-month limitation is under section 18(2). The employee is entitled to only one paid maternity leave every two years.

The law is supreme... always and forever.

Anonymous said...

Good Day,

How much is 14 weeks equivalent to in days?

Trinbago Rights said...

Never been good at Math... explain in what context you're asking.

Anonymous said...

hi if an employee has been employed with a company for over a year and she is presently on maternity leave which began 12th July but she has also recently been retrenced where her last day of work is the 14th of August. How would her maternity leave be treated in a situation like that?

Anonymous said...

i got retrenched because they are cutting back on staff but i am currently on maternity leave which started on the July 12th 2015 and my last day of employment would be august 14,2015. would i still be entilled to my maternity benefit as per the Maternity Act or is the decision solely up to the company.

Onella Narine said...

i am pregnant. And i am due on the 4th November. However the company that i work for normally closes in December for two weeks, which the entire staff is granted there holiday. This year i would be on Maternity Leave around that time. Can you please tell me if i would be entitled to two weeks extra as well as my vacation Money. How does it normally works.

Trinbago Rights said...

maternity protection act of Trinidad and Tobago

19. Where an employee is entitled to maternity leave as referred to under section 9 of this Act, that leave shall be in addition to any vacation leave and sick leave to which that employee is eligible.

Trinbago Rights said...

Need better dates.

Anonymous said...

Anonymous16 July 2015 at 09:04
i got retrenched because they are cutting back on staff but i am currently on maternity leave which started on the July 12th 2015 and my last day of employment would be august 14,2015. would i still be entilled to my maternity benefit as per the Maternity Act or is the decision solely up to the company.

ReplyDelete
Replies
Trinbago Rights17 July 2015 at 23:08
Need better dates.
;i was retrenched on the 3rd July, 2015 and i am currently on maternity leave which started on 12th July, 2015 but my last date of employement with the company would be on 14th August,2015. i am a permanent employee.

Trinbago Rights said...

All you did was repeat the dates... I still have no idea when you began working, which is the most important.

Contact the Trinidad and Tobago Workers' Association trade union:
ttworkersassociation at gmail

Anonymous said...

i started working on the 3rd march 2014

Anonymous said...

Goodday,
my maternity leave finishes in five days. I would like to apply for one month extra leave (as provided by the act)
Can I give my employers such short notice?
Can my reason be simply I'm not ready due to personal family reasons
if I decide at the end of the period that I'd like to resign, would this be ok if I do not give them a months notice? Or am I obligated to go back out to work? (I believe one month's notice is typically required for the active worker)

Trinbago Rights said...

Section 10(4) of the MPA: http://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/45.57.pdf
(4) An employee may postpone her return to work for
non-medical reasons until a date not exceeding four weeks after the required date of return if, within ten working days, before the required date, she gives the employer written notice, stating the reason why she is unable to return to work and stating an intended date of return.

Anonymous said...

Good day,
My employer is insisting that's i use my flex time that i must gain by wrking longers hrs in order to go to my normal clinic visits. Is this right?

Trinbago Rights said...

Normal time for clinic days are:
Weeks 4 to 28: 1 prenatal visit a month
Weeks 28 to 36: 1 prenatal visit every 2 weeks
Weeks 36 to 40: 1 prenatal visit every week

Anything else and you'll have to use your leave entitlements.

Anonymous said...

What are my rights if in laid off under the excuse the employer cannot pay me, yet he's getting another worker. I found out i was pregnant after i started working. Its a new job and im working here 3 mnths now. I am supposed to sign a one year contract but til this date the employer has been making excuses abt it not being ready. The verbal agreement was for 1 year. I have licensed the pharmacy as well as i am working full time. The employer mentioned that he didnt see it being a problem what hE did because im pregnant and wont mind staying home. Thats rubbish because i told them i would be working until i was due and never stayed home or made any excuses because of the pregnancy. Thank you

Trinbago Rights said...

If he does fire you, it will be an unfair dismissal. Send me an email.

k_heraman said...

Good Day, my wife is supposed to go on Maternity Leave soon. However the HR person at her company is not sure whether or not she is entitled to get back any addition days while on maternity leave if there is a public holiday or if the company closes. For example, if the company closes for a week in December and she is on Maternity leave then, her HR person said that she cannot get back that week or the Public holiday of Christmas, Boxing Day and Carnival, she cannot get back those days. It is counted in the 14 weeks Maternity Leave. The HR person said that she cannot find any Law or Act here in Trinidad and Tobago that states, where she is allowed to get back those days. You help and advice on this situation would be greatly appreciated. Also if you can direct me to where i could find some information on this....

Trinbago Rights said...

Section 19 - "Where an employee is entitled to maternity leave as referred to under section 9 of this Act, that leave shall be in addition to any vacation leave and sick leave to which that employee is eligible."

Latoya Providence said...

Hi I am suppose to be going on my maternity leave soon but my boss want to pay me my benefits weekly can she do that ? I have asked around and the information I got is they pay you 1 full months pay when you go on leave and the next 2 fortnight pay later down .so I'm a bit confused on what I should do

Unknown said...

Hi, I am a Gov contract worker employed since August 15th 2014. On July 7th 2015, I had to go on paid sick leave for two weeks due to an infection. I resumed work after the two weeks and intend to go on maternity leave at the end of Oct.

Since I went on sick leave in July, does this mean I have not met the criteria of working for 12months continuous to be eliglible for Maternity benifits?

Am I entitled to paid maternity leave and NIS benifits?

Trinbago Rights said...

Since I went on sick leave in July, does this mean I have not met the criteria of working for 12 months continuous to be eligible for Maternity benefits?
A- sick leave does not break service.

Am I entitled to paid maternity leave and NIS benifits?
A-Yes

Skylar Charles said...

OK hi I started working on January 24th 2015 and I am three months pregnant. I had a threatened miscarriage so in love result to that my doctor put me on sick leave and requested I work mornings only. I am an employee on contract and my employer asked me to resign because he finds that it's to early to request mornings seeing as tho it's a casino. My contract is up on October 22nd 2015. My question is can he fire me if I refuse to resign or not renew my contract due to my pregnancy

Trinbago Rights said...

We can't tell him what to do, but if he does, we'll be waiting to handle the matter for you:
https://www.facebook.com/ttworkersassociation

Island Angel said...

Hi. I read through all the posts and while a few seemed similar none was actually the same. I am due on November 24th and applied for Maternity Leave from November 09th. However HR told me i am not entitled to maternity leave and should apply for leave of absence without pay.

I have been employed with this Government institution since September 2011. Firstly on a three year contract until September 01st 2014. I was home for one week and then came back out on short term contract on September 08th 2014. The contract was three months and they made me break the contract by 1 day everytime the three months was up which was once in December and once in March. On June 01st I was put on a two year contract which I am presently under. They are telling me I don't have 12 mths continous employment.

I would like to know if I am entitled to maternity leave since while on short term I was daily paid since if I stayed home a day it was deducted...I had to benefits and no leave. Even by breaking the contract for a day I would have still made the 150 working days. Also if I am applying for leave from November then 12 mths would not include September 2014 and should start from October. So i would have only broken the contract by 1 day on two separate ocassions.

I really need some clarity here as I feel I am being unfairly treated since I was told to break by the day. These employers know what they are doing to give themselves the upper hand and take advantage of women when they are at such a vulnerable time already.

Trinbago Rights said...

Absolutely correct. Actually heading to deal with a similar matter this morning.

Contact us through our union: https://www.facebook.com/ttworkersassociation?ref=hl

Sandy Smith said...

Good Day

I started a 3 year contract on 1st October 2012 ending 30th September 2015 at a Government Institution. My employer says they cant pay from 1st October 2015. I am pregnant and due on 6th November 2015. I was told I can apply for Maternity benefit 6 weeks prior to my due date which would take me within my contract.

I was advised by my employer to start the maternity from 1st October 2015 after the contract ends as it would be easier to process the gratuity.

Also ive been offered a 3 month contract from 8th October 2015 which is a 8 day break. But I have been told I cant accept the contract as I am due to have a baby within the 3 month period.

Can you please tell me if the Ministry is correct or if I am entitled to any benefits?

Thank you

Regards
RD

Trinbago Rights said...

That entire practice is illegal. Send me an e-mail, let's take them on.

Lydia Ash said...

i work at nalis (3 years) and recently found out i am pregnant but i want to start teaching soon. i want to know if i would be entitled to maternity leave when i make the switch

fatty girl said...

I dropped my maternity claim at nib when I was 33wks pregnant. They didnt accept it. They said on my last working date or after it will be accepted.which is 2 weeks before my EDD. Is this something new??? Cause my last pregnancy they accepted it before my last working day without a problem

fatty girl said...

I dropped in my maternity claim while I was 33 wks pregnant. One of the assistant told me i have to drop it in on my last working day or any day after that day. Is this something new?

Trinbago Rights said...

Not true.

Trinbago Rights said...

No... your 12 months would restart when your service is broken.

Brett finn said...

I work for a small private company. We are supposed to get paid fortnightly. However sometimes we get paid a week late sometimes later with not even a notice to say we won't be getting paid on time. My question is, can I legally stay home if I do not get paid on time and therefore have no money for transport etc. ? Or will he be able to fire me if I stay away from work because I did not get paid or was not informed that I will not be getting paid on time. . Please answer

Trinbago Rights said...

You should be paid on time... one odd week, is ok, but not consistently. You can stay home if you don't have money.

Brett finn said...

Thank u so much for responding. But when I do stay home because of no money, is he supposed to pay me still for the days I stayed home for?

Trinbago Rights said...

No, but you should be able to join a union to bring this unfair practice to an end.

Darril Mangaroo said...

Hi I am employed with a company that pays 10days sick-leave and 5 days causal .I used all my days already but seeing that im pregnant and i recently got a sick-leave for 14days from the doctor by law should i be paid for it by my employer or do i have to go through NIB

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