Mcgregor

In previous articles, I have referred to the fact that domestic helpers are specifically excluded from protection under the Maternity Leave Act. While it may be relevant to explore the rationale for this, I thought it might be more helpful to ascertain whether any provisions exist in law, at all, to protect the pregnant domestic worker.

The NationalInsurance Act ("the Act"), attempts to fill the gap. Embedded in the 57 sections, 6 schedules and 14 regulations which comprise this statute are provisions for the payment of maternity allowance to insured persons who are employed as domestic workers.

A domestic worker is defined in the act as persons who work in a capacity prescribed for the comfort or convenience of a member of a household or in or about a dwelling house. Provided this person is an insured person under the act, that is:

A Jamaican national or resident.

Between the ages of 18 and retirement age (usually 65 for men and 60 for women).

Makes the appropriate contribution prescribed under the act, she may claim for a maternity benefit.

The maternity benefit is an allowance which is equivalent to 8 week's pay at the national minimum wage in force at the time of entitlement. This sum will be payable as from the Monday of the week of the claim or confinement. (Confinement has a special meaning. It is the birth of the child (whether dead or alive) after 28 weeks of pregnancy).

The worker must do the following if she is to obtain the benefit:

Make a claim at the local office (National Insurance office) after the 17th week of pregnancy and no later than six months after giving birth.

Produce the original or a copy of her stamp card, which is issued by National Insurance office for the purpose of the payment of contributions. Stamps are affixed to it.)

Provide a certificate from a medical practitioner or midwife or such information as the Minister considers satisfactory.

Here are some important things to note:

This benefit is payable by the Government, not the employer.

If the worker gives birth to a child more than 11 weeks before the expected date of confinement she will not be entitled to a maternity allowance.

The benefit will cease if the worker dies or resumes work before the 8-week period for payment of the allowance comes to an end.

I could not help but wonder how many employers make National Insurance Scheme deductions on behalf of their domestic workers, so that they may qualify for the benefits under the act. How many applications for maternity allowance are made by domestic workers?