SHAUNA-ANN (name changed) was recently dismissed from her job after she had her baby.

Her employer of four years told her that her services were no longer required, because he thought she would not be able to carry out her daily functions in the manufacturing industry while caring for her child.

Shauna-Ann has been referred to the Maternity Leave Act of 1979, which makes provision for the prohibition of discrimination against pregnant women.

In general, a worker is entitled to 12 weeks’ maternity leave, with the option of having her employer extend it. But she is only entitled to pay for the first eight weeks of this leave. Importantly, an employer is only obligated to give maternity pay for three pregnancies.

To qualify for maternity leave, a woman must be 18 years or older, must be employed to the organisation for no less than 52 weeks prior to the date leave begins, and must have informed her employer of her pregnancy in advance of the time she intends to take leave. The Act also stipulates that women have various other entitlements including the right to:

1. Resume their work duties.

The Act states that the woman should be allowed to return to work at the end of her maternity leave in the same capacity in which she was employed and under the same terms and conditions to which she was privileged before her absence.

2. Pursue legal action.

According to the Act, if an employer does not allow a worker to take maternity leave in accordance with its provisions or fails to pay maternity pay, he may be convicted before a Resident Magistrate to a fine not exceeding $500 or a period of imprisonment not exceeding four months. Additionally, if an employer terminates a worker’s employment wholly or partially because of her pregnancy, he may be convicted before a Resident Magistrate to a fine not exceeding $1,000 or for a period of imprisonment not exceeding six months.

Importantly, it is considered unlawful for an employer to dismiss a woman because she is pregnant.

In Shauna-Ann’s case a legal representative from the Ministry of Labour has advised her to gather her contract and supporting documents and lodge a complaint at its downtown offices, as the decision taken by her employer to dismiss her because she had a baby is illegal.

— Kimberley Hibbert