Employees of the American Samoa Government would be entitled to paid maternity leave under a bill sponsored by Representative Malaeoletalu Melesio Gurr.
To be known as the Paid Maternity Leave Act of American Samoa, the bill proposes that any eligible employee who becomes a parent, through childbirth or legal adoption shall receive job-protected paid maternity leave of eight weeks. The employee must have worked for the government for 12 months.
According to the bill, the eligible employee would be paid 75% of their wages for the first four weeks following childbirth or adoption, and 50% of their wages for the last four weeks. The leave must be taken consecutively within one year of childbirth or adoption.
The Paid Maternity Leave Act shall be funded through government appropriations from existing workforce development and public health funds. Any federal assistance, including applicable maternal health and family support grants, would also be utilized. The Department of Human Resources is tasked with implementation, oversight, and management of paid maternity leave under the act.
The bill provides that no employer shall terminate, demote, or penalize an employee for exercising their right to paid maternity leave. Eligible employees shall retain their positions, salary levels, and accrued benefits upon returning from maternity leave.
Employees who require extended leave beyond the paid maternity period may apply for Family Medical Leave Act (FMLA) benefits, ensuring continued job protection.
If passed by both the House and Senate and signed into law by the Governor, the act is to take effect six months from the date of enactment, allowing government agencies sufficient time for implementation.
