The Bermuda Employment Amendment Act 2026, which came into force on 1 June 2026, introduces a statutory right to parental leave for employees in Bermuda who become parents through adoption or legal guardianship. This brings the leave rights of adoptive parents and legal guardians more closely in line with biological parents.
An expansion of employee rights in Bermuda
Until now, Bermuda employment law has provided statutory maternity leave for biological mothers and paternity leave for biological fathers but offered no equivalent protection for adoptive parents or legal guardians. The new Amendment Act addresses this by introducing a standalone right to “parental leave” where an employee adopts, or becomes the legal guardian of, a young child.
Who qualifies for parental leave for adoptive parents in Bermuda?
The new parental leave entitlement applies where a child under the age of 24 months is placed (or is expected to be placed) in an employee’s household by way of adoption or legal guardianship. The age limit is strict – the child must be under 24 months on the date of the relevant court order. Employees adopting older children will therefore not qualify for this statutory leave, although employers may of course choose to offer equivalent leave in relation to older children, if they wish.
Duration of parental leave and pay in Bermuda
The new legal entitlement – which aligns with Bermuda’s existing maternity and paternity leave framework – provides that the mother named in the court order (for adoption/legal guardianship) will be entitled to 13 weeks’ parental leave, and the father named in the court order will be entitled to five consecutive days’ parental leave
Where the employee (whether mother or father) has completed one year of continuous employment by the date of placement or expected placement, the leave must be paid. Employees with less than one year’s service are only entitled to unpaid parental leave.
While this alignment with existing maternity and paternity leave rights simplifies implementation, critics of the new Amendment Act have argued that its gendered use of the terms 'mother' and 'father' (as named in the court order for adoption or legal guardianship) is unfair on the basis that it may disadvantage same-sex couples, single fathers or families where the woman is the primary wage-earner.
Notice and procedural requirements for parental leave in Bermuda
To take parental leave, an employee must submit a written application to their employer at least four weeks in advance, confirming the intended start and end dates and providing a copy of the relevant court order.
The leave must be taken within 14 weeks of the date of the making of the court order, although, potentially confusingly, the legislation also refers to entitlement arising within a 12-month period from that date.
Returning to work in Bermuda after parental leave – risk of deemed termination
An employee returning from parental leave has the right to return to the same position they held before they went on leave, or, where that position no longer exists, to a comparable position (with no less favourable wages, benefits and seniority).
However, a key point to be aware of is that a mother returning from the 13 week leave must give their employer at least two weeks’ notice of their return date. Should they fail to do so then they are taken to have terminated their employment. Whilst this is consistent with the existing rules on returning from maternity leave, it is something that employers and employees alike should note carefully.
Wider implications of the Bermuda Employment Amendment Act
The new Amendment Act also makes consequential changes so that parental leave is treated consistently with maternity and paternity leave in relation to continuity of employment and notice of termination, as well as for payroll tax and tax credit purposes. This means HR, payroll and finance teams will all need to be aligned on how the new entitlement is administered.
What employers in Bermuda should do now
With the changes now in force, employers would be well advised to act promptly:
- Update HR policies, staff handbooks and, where necessary, employment contracts to incorporate parental leave alongside existing maternity and paternity provisions.
- Ensure payroll and benefits teams understand the new pay obligations and tax treatment.
- Clearly explain notice and return to work requirements in writing to affected employees.
- Prepare managers to handle parental leave requests sensitively and consistently.
How Walkers Employment team can help
Our Employment team has a wealth of specialist experience in advising local and international employers on the full range of contentious and non-contentious issues across the full life cycle of the employment relationship. Our approach is to provide pragmatic and commercial advice, alongside exceptional client service and value, in order to help our clients solve their complex and sensitive workplace challenges.
