An Act to make provision for holidays with pay for employees.
|Employee||A person who is employed by another to provide services under a contract of service.|
|Employer||A person who employs another under a contract of service, whether written, verbal or implied.|
|Holiday with Pay||The period of vacation and payment for such, to which an employee becomes entitled after working for one year or twelve months.|
|Average Pay||A pro-rated calculation of holiday pay for persons who worked less than one year but more than three (3) months.|
|A Year of Employment||A period of twelve months during which a weekly, fortnightly or monthly paid person must work 208 days to be eligible for the full three (3) weeks holiday. Persons paid on an hourly, daily or other basis must work 150 days to be eligible to the three weeks.|
|Total Remuneration||The total gross earnings for the outstanding period under consideration for the calculation of holiday pay. This is only concerned with the basic wages and does not include allowances, bonuses and overtime payments. Commissions are not included unless this forms the only base salary.|
- An employee becomes entitles to holiday with pay after working for one year or twelve (12) months of employment is entitled to three (3) weeks holiday with pay for each year up to their fourth year of employment with a particular employer.
- When an employee completes the fifth year of employment, that employee becomes entitled to four (4) weeks holiday with pay.
- In cases where persons have contractual arrangements which better this Act those persons would be entitled to such holiday with pay as is stipulated in that contract.
- In cases where an employment contract is terminated by either party, then that employee is entitled to ‘average pay' in proportion to the amount of holiday that person is entitled to for the outstanding period. Calculate Here
- Holiday should be given and taken in one period but if both parties agree, it can be split into no more than two periods.
- Where there is mutual agreement the holiday may be granted before the employee becomes entitled to it.
- An employer may postpone a employee's holiday for no more than six months after the employee becomes entitled to their annual holiday. Further postponement can only be facilitated by written consent by the Chief Labour Officer.
- The employer has the right to roster the holiday but must give no less than fourteen days notice of such holiday.
- An employee is only entitled to his/her holiday after the completion of the year that the holiday is for.
- Where a public holiday falls within a period of holiday an additional day is given for each such public holiday.
- Notice of termination during or immediately prior to holiday is null and void.
- Holiday pay is to be paid for any part of holiday being taken, not later than the day before the holiday starts.
- The employer is entitled to a refund of any monies that he paid in excess of what the employee is due.