Leave
Legal Nuggets
- Section 18 of the Labour Act states that a ‘worker’ who has completed twelve (12) months of continuous service is entitled to a holiday with full pay of: (a) at least 6 working days; or (b) at least 12 working days (in the case of persons under the age of 16 years).
- Annual leave may be deferred by an agreement between the employer and the employee in so far as the holiday earning period is not increased beyond 24 months’ continuous service. The Labour Act also makes it unlawful for an employer to pay wages in lieu of an annual leave to an employee whose employment has not ceased. Leave recall is subject to an agreement between the employer and the employee.
- With respect to female ‘workers’, the Labour Act permits a twelve (12) weeks period of maternity leave (6 weeks prior to her confinement and six weeks following her confinement) on the production of a medical certificate given by a registered medical practitioner, and such female worker shall be entitled to not less than fifty percent (50%) of the wages she would have earned if she had not been absent from work.
- Where a woman is absent from her work during the twelve (12) weeks of maternity leave or remains absent from her work for a longer period as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement and to render her unfit for work, then until her absence has exceeded such a period (if any) as may be prescribed, no employer shall give her a notice of dismissal during her absence or a notice of dismissal expiring during her absence.
- It is noteworthy that an employer is not liable under the Labour Act to pay any medical expenses incurred by a woman during or on account of her pregnancy or confinement. Some Collective Agreements however typically make provision for the employer to foot the ante-natal care and delivery bills of a pregnant employee.
- Compassionate leave, casual leave, educational leave of absence, and recreation/club subscriptions are usually agreed upon the employer and employee, and/or subject to the provisions of any Collective Agreement between them, if any.
- In relation to sick leave, employers of labour often grant sick leave to an employee who is certified ill by a registered medical practitioner. A worker under the Labour Act is entitled to paid wages up to twelve (12) working days in any calendar year during absence from work caused by such temporary illness certified by a registered medical practitioner provided that: (a) his contract of employment remains in existence during his period of absence and the worker is willing to perform his part of the contract save for the incapacity produced by the illness; (b) the worker consents to be examined by a qualified medical practitioner nominated by the employer, if the employer so requests.