Government is giving its own staff increased parental leave benefits, while overlooking pleas from pressure groups to legislate the same kind of benefits for the private sector.
Changes to personnel rules for civil servants came into effect this month, but do not apply to new parents working in the private sector.
These are governed by the local labour law and any changes will require legislative reform.
Head of the civil service and Deputy Governor Franz Manderson, in response to Cayman Compass queries on the changes taking effect and implications for private sector, said the Labour Ministry was consulted during the project to increase civil servant benefits, and made aware of the proposed changes.
This consultation, he said, took place “to provide Ministry reps the necessary information for their consideration and for contemplation of potential future amendments to the Labour Act”.
However, he reminded that “the Labour Act sets the minimum entitlements, and many private sector organisations already offer parental leave entitlements that far exceed the minimum requirements”.
Manderson said he was “very proud” of the implementation of “these life enhancing amendments.”
“This enhancement recognises the importance of shared parenting responsibilities, enabling both mothers and fathers to actively participate in childcare without worrying about finances” he said via email.
Manderson, who took a paper to Cabinet for the changes to the regulations, thanked the government and the governor for bringing the changes to fruition.
Similar to the private sector, employees of Statutory Authorities and Government-Owned Companies (SAGCs) will not have the same benefits extended to them, Manderson confirmed as these entities are governed under the Labour Act.
“However, it is important to note that the Labour Act sets the minimum entitlements, and several SAGCs already offer parental leave entitlements that exceed the minimum specified in the Labour Act,” Manderson said.
A Labour Ministry spokesperson, following queries from the Compass last week, said government is reviewing the current Labour Act framework for parental leave “with the goal to modernize the framework for parental leave and annual leave, as well as enhanced enforcement capabilities for the Department”.
No timeline was given for when this will be done. However, Caymanian mom Bethany Ebanks-Pacheco and the team at the Parental Entitlements Working Group, which was formed to champion changes to local parental leave benefits, say they will continue their campaign for change.
New benefits formalised
The new amendment to the Personnel Regulations’ standard terms and conditions of employment have increased the previous maternity leave entitlements from 90 to 110 working days and raised the paid portion of maternity leave from 30 to 60 working days on normal pay.
Overall paternity leave entitlements have also increased, from two working weeks to 20 working days, with one week on normal pay changed to 10 working days on normal pay, and one week without pay replaced with the remainder without pay.
The changes have also included the provision that “in the case of the birth of a child, an employee is entitled to maternity or paternity leave once in a 12 month period”.
When it comes to the adoption of a child 5 or younger, a civil servant is entitled to maternity or paternity leave once in a 36-month period.
“An employee who, on the date of the commencement of these amending Regulations, is on maternity or paternity leave for the adoption of a child over 5 years of age shall continue to be entitled to the maternity or paternity leave,” the amendment stated.
The changes were effective retroactively from 5 March with the exception of the provision relating to periods stipulated to access leave entitlement. Those provisions took effect on the date of publication, 22 March.
The changes were made in Cabinet on 21 March.
Updating and enhancing existing benefits was the subject of a private member’s motion first brought in 2020 by Bodden Town West MP Chris Saunders, as a member of the opposition.
Ebanks-Pacheco also launched a petition seeking the public’s support for their campaign, which has secured 4,393 signatures to date.
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Enhanced Civil Service benefits are effected with lightning efficiency, compare this to the proposed change in the minimum wage for the poorest of our workers which has stalled for years with no sign of any action.