Maternity Rights and Benefits
Find out about the leave and benefit entitlements for parents in Gibraltar...
A pregnant woman is entitled to time off work as necessary to attend pre-natal appointments. Employment rights of mothers-to-be are protected during the pregnancy and the woman may not be made redundant due to her pregnancy.
There are two types of maternity benefits available in Gibraltar:
- Maternity Grant
- Maternity Allowance
This grant is paid at the birth of the child and is paid as a lump sum. To qualify for the maternity grant, at least 52 social insurance contributions by either the mother or the father must have been made prior to the claim, and at least 40 contributions within the previous year. The maternity grant is paid up to nine weeks before the birth and up to six months after the birth.
Maternity allowance is a weekly sum paid over 18 weeks, while the mother is on maternity leave. It is paid to the mother based on her social contribution records (not the father’s). Maternity allowance can be claimed up to 11 weeks before the birth and no more than six months after the end of the maternity leave.
A Guide to Maternity Benefits is available on HM Government of Gibraltar website.
Claim forms and further information are available from the Department of Social Security,
- At: 14 Governor’s Parade
Tel: 200 727 21
The forms are also available online.
The period of maternity leave in Gibraltar is 14 weeks. However, according to Article 11.1 of the Employment Regulations 1996, the mother may choose to take up to 29 weeks’ maternity leave following the birth. This is on the condition that she has been continuously employed for more than one year, at the 11th week before the birth. 21 days’ notice must be given to the employer if the employee wishes to extend the maternity leave to 29 weeks after the birth.
Parents employed for more than one year continuously are entitled to take parental leave for up to four weeks per year, with a maximum of four months in total up to the child’s fifth birthday. The employer is not obliged to pay the employee during parental leave.