National Insurance and Social Security Service (NISSS) CEO Kim Tudor says the agency has the legal authority to administer the new paternity benefit, citing parliamentary intent and precedent.
Tudor stressed that the 2025 Budgetary Proposals, which introduced family leave measures, carry the weight of parliamentary approval and provide a clear mandate for implementation.
“The Budget represents the highest expression of parliamentary intent, second only to formal legislation,” she said. “As such, the pronouncements made by the Honourable Minister during the Budgetary Proposals and Financial Statement, 2025, provide the policy framework for administrative action.”
She argued that under common law, benefits announced in the Budget can be enacted ahead of formal legislation.
“Where a Budget statement confers a benefit, it may serve as a legitimate basis for administrative action prior to the enactment of enabling legislation,” Tudor said.
“The introduction of family leave constitutes such a benefit and therefore carries interim legal authority.”
The NISSS, she added, had no choice but to act swiftly. “It was incumbent upon [us] to undertake the necessary administrative measures to facilitate the timely and effective implementation of the directive concerning family leave.”
“We are committed to delivering timely income support to eligible families, in alignment with national efforts to promote stability, resilience and well-being.”
Her remarks follow public confusion over the paternity benefit, which took effect June 1 but has seen delays and mixed messages. Some fathers report being told the scheme was not yet active, while others await payments.
Last week, the Barbados Employers’ Confederation (BEC) acknowledged supporting paternity leave in principle but noted the absence of formal legislation.
In its absence, BEC Executive Director Sheena Mayers-Granville told Barbados TODAY that company policy will have to apply.
(SM)
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