Labour officer Sally-Ann King has warned employers to ‘get their houses in order’ before the Family Leave Bill becomes law, cautioning that those who breach its provisions could face fines of up to $50 000 or imprisonment for two years.
Addressing a session hosted by the Labour, Employment and Social Council at the Lloyd Erskine Sandiford Centre yesterday, King said the Bill, which will replace the Employment Of Women (Maternity Leave) Act, represents a major modernisation of Barbados’ labour framework, introducing paternity leave for the first time and expanding maternity benefits and job security for parents.
“This legislation is not yet an Act; it has been passed in [the House of Assembly] but still awaits debate in the Senate,” she said. “So there is still time for us to make any amendments and changes with respect to this piece of legislation.”
She added that the measure “encourages a family to take leave together in the early stages of the life of a child”, noting that family leave was distinct from vacation leave.
“This time, this leave is not vacation. It is time to bond. So fathers, you are expected to bond and assist.”
King pointed out that for the first time, male employees would have a statutory right to paternity leave, defined as leave “arising from or in contemplation of the confinement of his spouse or partner”.
Maternity leave
The Bill also increases maternity leave from 12 to 14 weeks for single births and more for multiple births.
“Where pregnancy results in multiple births, the leave will be 17 weeks. If you have twins, triplets, quadruplets, any ‘plet’, the leave will be 17 weeks,” she said.
Paternity leave, meanwhile, will run for “not less than three weeks” and can be taken as “three weeks continuous, or two weeks in the early stages of the life of the child, and the final week before the child or children are six months old”.
King reminded employers that “paternity leave is a right given by law” and any attempt to undermine it would be treated as a serious offence.
“You shall not dismiss or give notice of dismissal to an employee between the date of expected delivery of the child and the expiration of the paternity leave,” she said firmly. “You shall not require an employee to resign during the paternity leave. To terminate a person or force them to resign is a breach and carries consequences.”
She noted the penalties also applied to employees who abused the system: “Ladies, if you know that the gentleman is not the father of the child, please do not give him a letter so that he can get time off from work. And gentlemen, if you know that the child is not yours – note I said ‘know’ – then do not request a letter so that you can have a short [break].”
Sheena Granville-Mayers, executive director of the Barbados Employers’ Confederation, urged companies to take immediate steps to align their internal systems with the proposed legislation.
“Having heard the changes, what does that mean for you as employers and HR professionals?” she asked. “You must now look towards action within your organisation.”
She said the Family Leave Bill, while progressive, would test human resource departments and business leaders in ensuring compliance.
“Termination must be clearly justified and documented. We must be able to demonstrate that any dismissal that occurs during this period is not connected to maternity or paternity,” she warned. “Sometimes we know it’s not, but our documentation trail does not lay that foundation for us.”
She advised that if a case reached the Labour Department, “you should make sure that you’re in a defensible position and that you can clearly demonstrate that any termination that occurs during this period is not connected to maternity or paternity leave”.
Granville-Mayers reminded employers that “legislation never operates in isolation”, noting that the new family leave provisions must work in tandem with existing laws such as the Employment Rights Act.
“We still have the Employment Rights Act to consider. So ensure that if it’s misconduct or gross negligence, that you are following the provisions of the Employment Rights Act and your regular disciplinary procedures.” The executive director also addressed the use of fixed-term contracts, warning employers to avoid practices that could be viewed as attempts to sidestep their obligations.
“Too often I see employers with multiple successive fixed-term contracts. When I end that contract, I can hear the claim where you have me next to you in front of Sally-Ann, trying to defend that this was not because she was pregnant.”
She said the Bill would require new workplace systems, including formal paternity leave request forms and clear documentation procedures. She encouraged employers to engage openly with staff and unions as they prepare for its passage. (CLM)
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