Paternity / Paternity-Adoption Leave Trust Claim

Overview

Paternity leave will apply to fathers as well as second parents who are in employment. Fathers or equivalent second parents shall have the right to paternity leave of ten (10) working days that is to be taken on the occasion of the birth or the adoption of the worker’s child. Such paternity leave will have to be paid in full by the employer to the employee.

Employers shall then claim a refund with the Department of Social Security for the ten (10) working days Paternity Leave period.

In compensation, the Maternity Trust Fund Contribution that came into effect as of 1st July 2015 through Legal Notice 257 of 2015 (Trusts and Trustees Act Cap. 331.), shall be adjusted to reflect the Work-Life Balance entitlements set up by Legal Notice 201 of 2022, of 2^nd August.

The Public Service and Public Sector Entities, Authorities, Agencies and Public Corporations are exempt from this scheme’s contribution. However, Public Service and Public Sector employees are nonetheless entitled to paid Paternity/Adoption Leave.

What you’ll get

Under this scheme, employers will pay the ten (10) working days of paternity/adoption leave to their employees which immediately follow the birth of child and then apply via a specific online application for a Refund from the Trust Fund when the employee returns to work. A claim for refund should be made for each individual employee to cover:

The expense of gross basic wage,
Pro-rata statutory bonuses and allowances, and
The employer’s portion of employee’s Social Security Contributions.

The refund claim is not to include any other emoluments.

Please click here for a Schedule of Benefits Rates.

Eligibility

General eligibility criteria:

Child has to be born / adopted on or after 02/08/2022.
For Paternity / Paternity-Adoption Leave there needs to be an evidenced birth or adoption by an employee who is employed with the claiming employer. Multiple births are considered as one birth for the sake of Paternity / Paternity-Adoption Leave entitlement.
Since Self-Occupied persons do not contribute to the Maternity/Paternity Trust Fund, they are not entitled to the Maternity/Paternity Trust Fund Claim. Therefore, these schemes apply only to Employed Persons, and refunds are made through the Trust Fund to employers, according to the applicable rates established for each scheme.

Other Scenarios

The Maternity-Work-Life Balance Leave Contribution should still be paid according to the basic weekly wage for employees on half-pay.
It should also be paid for part-timers working on irregular hours and this is to be calculated according to the basic weekly wage.

Church Schools

Teachers working in Church Schools are not considered as public officers and therefore Maternity-Work-Life Balance Leave Contribution should be paid in their respect.