Gibraltar review of Parental Leave legislation

Gibraltar to conduct comprehensive review of Parental Leave legislation, announces Minister Santos

In a recent announcement, Minister for Equality, Employment, Culture and Tourism, Christian Santos, affirmed that the Government of Gibraltar is prioritising a comprehensive review of the existing parental leave legislation which came into force in 2001. This move aims to align Gibraltar’s employment laws with progressive standards seen in other jurisdictions, ensuring that parents are granted adequate time off to care for their newborns or newly adopted children.

Current Parental Leave Framework

Current legislative provision for parental leaveis considered by many to be insufficient in meeting the needs of modern families due to its limited duration and the fact that it is unpaid.  At present, employees are entitled to 4 weeks’ parental leave in any given year (provided they have been in continuous employment for a period of one year) to care for a child for whom they have (or expect to have) responsibility.  This leave can be taken at any time between the birth of the child or date of legal adoption, up until the child’s 5^th birthday.  The maximum amount of parental leave permitted during this period is 4 months in total.   

The new legislation is expected to address these concerns by providing more extensive leave options and greater financial support.

Anticipated Changes

Critics of the current provisions will be hoping that Minister Santos’s review will address the following  key areas:

1. Maternity and Paternity Leave: Current provisions allow for up to 14 weeks of maternity leave with the option to extend this to 29 weeks however there is no statutory provision for this leave to be paid. Employees are able to claim maternity benefit for a period of 18 weeks, currently £87.64 per week.  There may be scope to increase the length of maternity leave and to introduce a more favourable payment scheme during this period. .
2. There is currently no statutory entitlement to paternity leave in Gibraltar, which lags behind the provisions in Europe and the UK which includes the right to paid paternity leave.

1. Parental Leave for Both Parents: The introduction of paternity leave and the ability to share parental leave between both parents, allowing families greater flexibility in how they manage their time off. This approach acknowledges the changing dynamics of modern parenting and promotes a more balanced division of childcare responsibilities.
2. Enhanced Financial Support: Recognising the financial burden that extended leave can place on families, it is anticipated that the new legislation will include provisions for enhanced financial support. This may involve higher rates of statutory pay during leave periods, ensuring that parents are not unduly financially disadvantaged during their time off.

Consultation and Implementation

Minister Santos emphasised the importance of a thorough consultation process before the new laws are enacted. The Government will seek input from various stakeholders, including the Chamber of Commerce, the GFSB and private sector employers  to ensure that the legislation is comprehensive and effective.