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
5 Dec 2019 |

BMA forms view on cannabis related risk

The Bermuda Monetary Authority has confirmed that it will not object to BMA-supervised entities cond...

2 Dec 2019 |

Implications of the Privy Council’s decision in the ‘belonger’ case

Bermuda’s final appeals court has handed down its decision in a long-running case which had the po...

21 Nov 2019 |

BMA releases guidance on outsourcing

For many companies, outsourcing is essential in allowing them to cost effectively and efficiently pr...

15 Nov 2019 |

New Family leave rights on horizon

Working families will benefit from more generous leave entitlements in the New Year. When it comes i...

31 Oct 2019 |

What to expect from the new Wage Commission

A Wage Commission is to be established under recent legislation, in a step which may lead to a minim...

25 Oct 2019 |

Reinsurers optimistic about market outlook

Optimism is high in the reinsurance industry this year, according to Brad Adderley, partner at offsh...

24 Oct 2019 |

Bermuda responding to needs of fintech industry

Bermuda’s emergence as the offshore jurisdiction of choice for fintech companies seeking to operat...

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 ...