The Barbados Employers’ Confederation (BEC) is questioning the rollout of Barbados’ new paternity leave policy saying employers cannot be bound by a provision that has not yet been legislated.
This comes despite the National Insurance and Social Security Service (NISSS) confirming the benefit is active and applications are being accepted.
Speaking to Barbados TODAY, BEC Executive Director Sheena Mayers-Granville noted that while employers support paternity leave, its implementation must be backed by law.
“It is important to note that employers are not against paternity leave; we have supported the introduction since 2019,” she said.
“However, we are awaiting legal clarity on the provision around application and granting of leave so that when it is administered this can be done fairly.”
Mayers-Granville acknowledged that the necessary legislation is being prepared as “BEC and BPSA collaborated to provide feedback on a draft”.
“However we have not seen the final legislation; it has not been debated in Parliament nor published in the Gazette. Therefore, at this point, there is no legal instrument granting paternity leave,” she said.
She added: “In the absence of legislation, then company policy will have to apply. If there is no policy, then employers cannot be mandated to grant such leave.”
Her comments mirrored a statement issued on Thursday, which reiterated the BEC’s support for paternity leave but underscored that employers cannot be held to a provision that has not yet been legislated.
“While the BEC and its members support the introduction of paternity leave—an issue that was endorsed by employers during the 2019 ‘Structure of Work’ discussions within the Social Partnership—we wish to clarify that we are unaware of any legislation that has been passed to date officially granting paternity leave entitlements,” the organisation stated.
“The implementation of any new leave provision must be accompanied by clear legislative guidelines to ensure consistency and compliance. As such, the BEC awaits the promised legislation to properly advise its members and the wider business community,” it added.
The BEC’s statement follows a Barbados TODAY report this week on a father working in the private sector who said he had to cut short his paternity leave after receiving no pay and being told by NIS staff that the benefit had “not yet started.”
In the report, NISSS CEO Kim Tudor, however confirmed that the paternity benefit officially took effect on June 1, and said the man could still submit his claim. The benefit is payable for three weeks and must be claimed within six months of the child’s birth.
The NISSS said that fathers are required to provide a Certificate of Confinement or a certified copy of the child’s Birth Certificate showing the father’s name, a certified copy of their Marriage Certificate (if applicable), their NIS number, and Barbados Identification Card.
In March, the government announced that statutory paternity leave would take effect from June 1 as part of a wider family support package that also includes extended maternity leave and a universal child grant.
Minister in the Ministry of Finance Ryan Straughn confirmed earlier this week that Cabinet approved the policy but said the regulations were still being finalised by the Chief Parliamentary Counsel, with oversight from the Ministry of Labour.
Efforts to reach Labour Minister Colin Jordan for comment on the progress of the regulations have so far been unsuccessful.
When contacted regarding the Confederation’s concerns, NISSS CEO Kim Tudor told Barbados TODAY she will issue a formal response on Friday “to ensure there is legal clarity”.
In the meantime, the BEC advised that companies with internal paternity leave policies should continue to follow those guidelines.
“In the absence of legislation or internal policy, the granting of paternity leave remains entirely at the discretion of the employer,” it noted.
The BEC said it remains committed to supporting work-life balance but is awaiting “legislative clarity” before issuing formal guidance to the business community.
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