The 2019 Amendment enhances maternity leave by:

  1.  increasing the statutory minimum of paid maternity leave (for employees who have been employed for 1 year or more) by 1 week from 12 weeks leave to 13 weeks leave; and
  2. extending the amount of unpaid leave an employee who has been employed for less than a year is entitled to from 8 weeks to 13 weeks.

The 2019 Amendment also introduces into the Employment Act, for the first time, a statutory entitlement to paternity leave of 5 days (paid, for those employed for a year or more, unpaid for those employed for less than a year). Typically, most employers have policies in place that already afford new fathers some time off, but the 2019 Amendment makes it mandatory that qualifying employees be provided the benefit.

Employers should be reviewing and considering their policies in the face of these upcoming changes. Employers who already grant paternity leave and extra generous maternity provisions will still need to ensure their present policies properly account for the enhanced leave entitlements for employees who may not have qualified before (i.e. 13 weeks unpaid/5 days unpaid for mothers/fathers employed for less than a year).

We recommend seeking advice on policies well in advance of the 2019 Amendment coming into force.

This note is intended as a high level overview of this topic. Legal advice should always be sought on a case by case basis.

Type

Insight

Locations

Bermuda

Share
Twitter LinkedIn Email Save as PDF
More Publications
11 Oct 2019 |

Purpose-built ISAC a boon for Bermuda

The long-awaited Incorporated Segregated Accounts Companies Act 2019 was tabled in the House of Asse...

26 Sep 2019 |

Introduction of the new Collateralised Insurer class

Members of the ILS Bermuda Market Intelligence workstream hosted a roundtable to discuss the Bermuda...

26 Sep 2019 |

Fund bye-laws and payments-in-kind

Typically, a Bermuda fund is incorporated as an exempted mutual fund, formed as an exempted limited ...

18 Sep 2019 |

Offshore listing Vehicles to benefit from the Shanghai - London stock connect

Offshore listing Vehicles to benefit from the Shanghai - London stock connect

Contributors: Huiyan Liew
18 Sep 2019 |

Economic substance requirements in Bermuda, the British Virgin Islands and the Cayman Islands

Economic substance requirements in Bermuda, the British Virgin Islands and the Cayman Islands

Contributors: Shana Simmonds
12 Sep 2019 |

Magistrates’ Court: a summary of procedure

Commencing a claim in a court of summary jurisdiction, also known as the Magistrates’ Court, is a ...

10 Sep 2019 |

Bermuda: weathering all storms in an improving market

The market is moving in the right direction on rates but the landscape is becoming increasingly comp...

5 Sep 2019 |

Cat bond market “here to stay” despite 2019 lull

There has been a distinct slowdown in cat bond issuance throughout 2019 after the heavy loss experie...

4 Sep 2019 |

Cyber insurance to drive innovation, take industry by storm

The structures and products developed to tackle cyber risk over the next five years will take the gl...

3 Sep 2019 |

Employment Tribunal confirms that Tribunal Proceedings can proceed in an Employer’s absence

In the recent Supreme Court case Island Construction Ltd. et al v Rebecca Philips et al [2019] SC (B...