Black Immigrant Daily News
For the first time in Jamaica’s history, paternity leave and adoption leave are now in effect in the nation’s public service.
The update was given in a tweet on Wednesday by Finance and the Public Service Minister, Dr Nigel Clarke.
The leave entitlements became effective on January 1, 2023, Clarke said.
Maternity leave
The proposed increase in paid maternity leave from 40 days to three months has also commenced under the new leave structure.
According to the amendment to the staff orders, a copy of which was seen by Loop News, female employees are entitled to maternity leave “on no more than three occasions”.
Before the leave is granted to females, the following conditions must be satisfied:
(i) Full-time female employees with at least 12 months continuous service irrespective of different employment types or a combination thereof (eg. contracted to established post or vice versa).
ii) Part-time female employees with at least 12 months continuous service, working at least 18 hours per week.
iii) The duration of the pregnancy should be at least 28 weeks.
iv) Female employees are eligible for the full benefit in instances of stillbirth.
Paternity leave
According to the amended Staff Order, males are granted a period of 20 working days with pay “for the purpose of spending time with, nurturing and caring for a new-born child”.
Further, male employees are entitled to paternity leave on no more than three occasions.
The criteria for eligibility are:
i) Full-time male employees aged 18 years and above with at least 12 months of continuous service irrespective of different employment types or a combination thereof (eg. contract to established post or vice versa).
ii) Part-time male employees with at least 12 months continuous service, working at least 18 hours per week.
iii) The employee must provide official documentation that he is the registered father of the child.
iv) Paternity leave may be accessed in the event of stillbirth or if the baby dies within six months after delivery. Substantiating documentation must be provided.
Under the administration of paternity leave, the order outlines that such a leave can only be granted “within the first six months of the delivery”.
Dr Nigel Clarke
It added that “Multiple births of the same pregnancy (twins, triplets etcetera) will not increase the number of days that will be granted for paternity leave.”
Paternity leave can be granted as one full allotment or in two instalments at the request of the applicant.
“The minimum period of one instalment is five working days. For example, 10 days immediately after birth, and 10 days within the remaining months,” the staff order stated.
“If additional time is needed after the expiration of paternity leave, approval may be granted for the utilisation of vacation leave to which the employee is entitled, and/or leave without pay up to 10 working days at the discretion of the head of the entity,” it stated.
Adoption leave
For persons seeking to obtain adoption leave, they are entitled to receive 20 working days with pay “after they have adopted a child”.
As with paternity and maternity leave, employees are entitled to adoption leave on no more than three occasions.
The criteria are as follows:
i) Full-time employees aged 18 years and above with at least 12 months of continuous service irrespective of different employment types or a combination thereof (eg. contract to established post or vice versa).
ii) Part-time employees with at least 12 months continuous service, working at least 18 hours per week.
iii) The employee(s) name that appears on the adoption application documents can apply for adoption leave.
Similarly to paternity leave, employees can be granted adoption leave as one full allotment or in two instalments at the request of the applicant.
The application must also be supported by documents from the Child Protection and Family Services Agency (CPFSCA) or the courts.
The overall changes are coming out of the current public sector compensation review, and were facilitated by updating of the Public Sector Staff Orders of 2004.
Though dogged by several hurdles so far, the compensation review is intended to overhaul the structure of salaries and other emoluments in the public service.
In July, Clarke announced the Government’s intention to update the Public Sector Staff Orders of 2004 to introduce paternity leave “for the first time in the public service, for fathers of new-borns, for a specific time and on specific terms to be finalised.”
Further, he assured that the Government would offer family leave for adoptive parents who are bringing a new child into the home.
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