20 working days on three occasions for paternity leave
With paid paternity leave for fathers of newborns in the public sector now in effect, Jamaican fathers, like their female counterparts, will only be entitled to the period of paid absence for ‘three occasions’.
Details of this arrangement — which along with adoption leave and the increase of paid maternity leave from 40 days to a period of 60 working days came into effect on January 1 this year — are contained in a circular reflecting the amendments to the 2004 Public Sector Staff Orders sent out to permanent secretaries and department heads, a copy of which was obtained by the Jamaica Observer.
Paternity leave, which is defined as a “scheduled period of absence from duties with pay to which male employees are entitled for the purpose of spending time with, nurturing and caring for a newborn”, is a period of 20 working days and can only be accessed for three births.
The changes are the result of the current public sector compensation review, which is intended to overhaul the structure of salaries and other emoluments in the public service. Minister of Finance and the Public Service Dr Nigel Clarke had announced the changes in July 2022.
The arrangement is one which had been broached by trade unions during the discussions on the planned public sector compensation review.
Vincent Morrison, president of the Union of Clerical, Administrative and Supervisory Employees, speaking to the Observer on Thursday, said the time allotted to fathers is practical.
“Twenty working days is the benchmark, it is quite reasonable for a start in the public sector; it’s quite reasonable,” Morrison said while noting that the union is yet to see details contained in the circular. He said the entity would be requesting to see the particulars soon.
In the meantime, Morrison chafed that while fathers are now allowed time off to be with their newborns, there are still females who are not able to take advantage of the maternity leave arrangements.
“We are pushing paternity leave but maternity leave was introduced in the 1970s and there are women still not getting maternity leave-and I speak of the security guards.And what I am calling for is the minister of labour or the minister of finance to move a motion in Parliament that they put in, with immediate effect, whatever is necessary to ensure that females in whatever industry they are working get maternity leave with pay and sick leave with pay,” Morrison stated.
“When it was introduced [Maternity Leave Act], it covered all sectors but there are some employers who choose to legislate out of the arrangement and I think it is wrong and everything should be done now going forward,” he stated further.
Meanwhile, under the new policy, full-time male employees, 18 years and above with at least 12 months of continuous service whether contracted or in a confirmed post, are eligible to apply for paternity leave. Part-time male employees with at least 12 months of continuous service and who are working at least 18 hours per week are also eligible. The employee must, however, provide “official documentation” showing that he is the registered father of the child.
In the meantime, paternity leave can only be granted within the first six months of delivery. According to the circular, multiple births of the same pregnancy (twins, triplets, etcetera) will not increase the number of days granted for paternity leave.
In addition, paternity leave can only be accessed after six months of a previously granted period of paternity leave.
Furthermore, paternity leave can be granted as one full allotment or in two instalments if requested by the employee. The minimum period of one instalment is five working days, the circular said. If additional time is needed after the expiration of paternity leave, approval can be given for vacation leave and/or leave without pay up to 10 working days to be granted.
In the event of a stillbirth or if a baby dies six months after birth, the leave will still be granted, provided that documentation showing proof is presented.