23/05/2025
Excerpts from the Maternity Protection Act of T&T
PROTECTION FOR PREGNANT EMPLOYEES
7. Entitlement of pregnant employees
(1) Subject to this Act, an employee is entitled to:
(a) leave of absence for the purpose of maternity leave;
(b) pay while on maternity leave;
(c) resume work after such leave on terms no less favourable than were enjoyed by her immediately prior to her leave.
(2) Where an employee has proceeded on maternity leave and the child of the employee dies at birth or within the period of the maternity leave, the employee shall be entitled to the remaining period of maternity leave with pay.
(3) Where an employee has not proceeded on maternity leave and
(a) a premature birth occurs and the child lives, the employee is entitled to the full period of maternity leave with pay; or
(b) a premature birth occurs and the child dies at birth or at any time within thirteen weeks thereafter, the employee is entitled to the full or remaining period of maternity leave with pay, as the case may be.
(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
(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.
8. Eligibility for maternity leave.
(1) An employee is not entitled to the rights referred to in section 7 unless:
(a) as of the expected date of confinement as certified by a qualified person, she has been continuously employed by that employer for a period of not less than twelve months;
(b) she informs her employer, in writing, no later than eight weeks before the expected date of her confinement that she will require leave of absence due to pregnancy;
(c) she submits to her employer a medical certificate from a qualified person stating the probable date of confinement; and
(d) she informs her employer in writing of her intention to return, to work at the expiry of her maternity leave.
(2) For the purpose of subsection (1) "continuously employed" in relation to a daily rated employee means employment for an aggregate of one hundred and fifty working days in a period of twelve months.
9. Date of maternity leave.
(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.
(3) Where the sum of the amount paid to the employee under subclause (2) and the maternity benefits payable to her under the National Insurance Act is less than her full pay during the period, the employer shall pay the difference to the employee.
(4) Subject to the National Insurance Act, where an employer has failed to pay contributions under that Act on behalf of any of his registered employees and no maternity benefits are payable by the National Insurance Board, the employer shall pay to the employee the total sum she would have been entitled to under subsection (2).
10. Right to return to work.
(1) Where an employee is unable to return to work on the required date, she shall submit to her employer a certificate from a registered medical practitioner stating that by reason of disease or bodily or mental disablement, whether to herself or her baby, she will be incapable of returning to work on the required date and stating her intended date of return.
(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.
(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.
(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.
(5) Subject to an employee's right to sick or vacation leave with pay under any other written law, industrial award, or collective agreement, an employer is not liable to pay an employee in respect of leave for the period between the required date of return to work under section 9(1) and the intended date of return under subsection (4).
11. Tax deduction. Notwithstanding the Income Tax Act, an employer
(a) is entitled to claim as a tax deduction the full amount paid by the employer to an employee for maternity leave; or
(b) who pays an employee full pay for maternity leave, in the instance where benefits are not payable under the National Insurance Act, is entitled to claim that amount as a tax deduction.
12. Redress of aggrieved employee or employer.
(1) Where an employee or employer alleges non compliance with the provisions of this Act, or an employee's employment is terminated on the ground of pregnancy or on any ground relating to pregnancy, or there is a difference of opinion as to the reasonableness or otherwise of any action taken or not taken by an employer or employee, the employee, trade union or the employer may report the matter to the Minister and the matter shall be deemed to be a trade dispute and shall be dealt with as such under the Industrial Relations Act.
(2) Where any action under this Act has been taken by a company, any person who at the time of the taking of the action was a director, general manager, secretary or any other person responsible for management or administration or was purporting to act in such capacity, shall be deemed to have taken the action, unless he proves that the action was taken without his consent or connivance and that he exercised all such diligence to prevent the taking of the action as he ought to have exercised having regard to the nature of his functions in that capacity and to all circumstances.
(3) Nothing in this section shall preclude the Minister from recommending to the employee, trade union or employer a reconciliation of their differences through conciliation or mediation.
(4) An agreement reached as a consequence of conciliation or mediation shall be registered by the Industrial Court and shall be valid for all intents and purposes as if it were an agreement to which Part IV of the Industrial Relations Act applies.
