Legislation that increases maternity leave and provides for paternity leave “for the first time” was tabled in the House of Assembly on Friday, with a pledge to bring more to address more employment issues in Bermuda.
This from Minister of Labour, Lovitta Foggo, who said that legislation includes “employment protections for persons who are currently designated as non-employees including for example casual, temporary, part-time workers, protection for employees who are coerced into working overtime for straight time wages” and guarantees that “tips and gratuities and who should rightfully receive them”.
According to the Minister, the Government will also address “managing expectations regarding out of hours contact for employees”.
“The issue is when an employee, including a public officer, is issued with a work cell phone, the expectation is that the employee be available twenty four hours a day, seven days a week including vacation with no break or additional remuneration,” she said.
The Government will also bring legislation to stipulate “protections for employees who have been promoted; and the status of a union bargaining unit when a sale or merger occurs”.
On the Employment [Maternity Leave Extension and Paternity Leave] Amendment Act 2019, she said the Bill “is the first of a number of proposed changes to the Legislation that will be completed this year”.

“The Bill also provides for flexibility in the use of vacation leave,” she added.

Updating MPs “on the progress” made to date, the Minister said: “As many of these changes have been agreed by the social partners, including the unions and employers, we look forward to this House taking a bipartisan approach similar to the Wage Commission Bill, when we return for the debate following the summer recess.”

On maternity leave, she said: “Currently employees who have been employed for one continuous year, are entitled to eight weeks paid maternity leave. This will be increased to 13 weeks as promised in our platform and the Throne Speech. Employees who have been employed for less than one continuous year are entitled to eight weeks unpaid maternity leave. This will likewise be increased to 13 weeks but again remain as unpaid.

“Provision for paternity leave. There is currently no provision for paternity leave and the amendments will allow for five days paid paternity leave for employees who have been employed for one continuous year, per calendar year and provide for five days unpaid paternity leave for employees who have been employed for less than one continuous year, per calendar year.”

Further Legislation will be tabled later this year in this Honourable House to include:

  • The reduction from ten arbitration/assessor/tribunals in four Acts to a single Tribunal for all labour and employment matters. This will reduce the administrative costs and streamline the functions of the Tribunals
  • Provision for zero tolerance of violence and harassment in the workplace. In keeping with the ILO adoption of the violence and harassment convention, the amendments will also deal with bullying, harassment and in particular sexual harassment in the workplace. Employers will be required to have in place a zero tolerance policy for harassment in the workplace and recourse for employees for any contravention of the policy
  • Provision for current statements of employment to remain the same or benefits to increase in line with amended legislation, and not change or be altered to the minimum standard as set out in the amended legislation
  • Provision for probation periods for new employees to be fair and reasonable
  • Streamlining the provisions relating to mediation
  • The introduction of a civil penalty regime for certain specific offences and clear breaches of the legislation
  • Provision for automatic certification for union representation when specific parameters are met
  • Provision for confidentiality and protection of workers during application for union certification
  • Reduction of response time by employers to an application for union certification; and
  • Provision for parties to agree Terms of Reference for disputes prior to reporting the dispute to the Labour Relations Section

Other matters still under review and consideration include:

  • Employment protections for persons who are currently designated as non-employees including for example casual, temporary, part-time workers
  • Protection for employees who are coerced into working overtime for straight time wages
  • Tips and gratuities and who should rightfully receive them
  • Managing expectations regarding out of hours contact for employees. The issue is when an employee, including a public officer, is issued with a work cell phone, the expectation is that the employee be available twenty four hours a day, seven days a week including vacation with no break or additional remuneration
  • Protections for employees who have been promoted; and
  • The status of a union bargaining unit when a sale or merger occurs

The Minister concluded: “As many of these changes have been agreed by the social partners, including the unions and employers, we look forward to this House taking a bipartisan approach similar to the Wage Commission Bill, when we return for the debate following the summer recess.”