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When considering the costs of having a baby in the Cayman Islands, make sure to factor in your maternity provision.
Cayman Maternity Leave Entitlement
Unfortunately, the Cayman Islands has one of the worst maternity leave policies in the world. At present, the Cayman Islands’ Labour Law (2011 Revision) provides for a minimum maternity leave allowance of 12 calendar weeks in any 12 month period. However, this is only available as an entitlement where the mother concerned has completed a full year of employment with her employer.
Where an employee has not completed 12 months at work, the law prescribes that any maternity leave may be pro-rated.
Currently, a private employer is legally required to offer 20 working days leave on full pay, 20 working days leave on half-pay and 20 working days on no pay. For practical purposes this is treated by many businesses as the equivalent of six weeks at full pay, and six weeks at no pay. Maternity leave may generally be taken in whatever portion requested by the employee including both before and after childbirth.
In March 2024 increased parental leave benefit came into effect for civil servants. Maternity leave increased from 90 to 110 working days and the paid portion of maternity leave has increased from 30 to 60 working days on normal pay. Paternity leave has also increased to 20 working days, with 10 days on normal pay and the remainder without pay.
At present, in both the public and private sector, there is no provision in the law for parents who have a child through a surrogate. There is also no provision for mothers who have had miscarriages.
It is, however, worth enquiring with your employer as to their policy regarding maternity leave, as some employers are more flexible than others. There is nothing in the law that prevents an employer from providing maternity benefits in excess of the minimums prescribed.
Why is Maternity Leave Important
Research has proven time and time again how valuable, sufficient maternity leave, with the job security tied to it, promotes bonding between parent and child and is best for the mother’s mental and physical health. Benefits include:
- Lower infant and child mortality rates
- Increased duration of breastfeeding success
- Better mother baby bonding
- Smoother postpartum recovery for Moms
- Better employee retention long-term
- Improved maternal mental health
Maternity Entitlement Around the World
To provide context, here is what some other countries around the world offer:
United Kingdom
Statutory maternity leave is 52 weeks. Statutory maternity pay is paid for up to 39 weeks; the first six weeks you get 90 percent of your average weekly earnings (before tax). Then, for the next 33 weeks, you get whichever is lower of £151.97 or 90 percent of your average weekly earnings. Fathers have a right to up to 26 weeks paternity leave. Shared parental leave is also offered.
Sweden
Parents (i.e. both parents, whatever their gender) in Sweden are entitled to 480 days of paid parental leave when a child is born or adopted. Each parent – should there be two – is entitled to 240 of those days. A single parent is entitled to a full 480 days.
Canada
In 2019, the Canadian government announced that all new parents (citizens) would be given 40 weeks of parental leave. Out of these 40 weeks, 5 weeks are just for the fathers so that they are able to take time off work and spend time with their newborns. 55% of the employee’s earnings are paid to them during this period up to a maximum of $595 a week.
Campaigning for Change
Two local mums Bethany Ebanks-Pacheco and Lorren Stainton are currently campaigning for an increase to maternity leave in the private sector. Two organisations which have since increased their benefits are Ogier and Scotiabank:
Ogier now offers 18 weeks paid and 34 weeks unpaid maternity leave, with the mother being entitled to this from day one of their employment. Their adoption and surrogacy leave have also been increased to 18 weeks paid and 34 weeks unpaid, and parental/paternity leave benefits have increased to 9 weeks paid and up to 43 weeks unpaid leave.
Scotiabank offers 16 weeks full paid maternity leave. Fathers, adoptive parents and appointed legal guardians with a new child, will receive 4 fully paid weeks of parental leave.
It is hoped that with pressure coming from parents and the corporate world, the maternity leave provisions across the Islands will be increased to fall in line with international standards.
