Paid Leave: When Is Your Employee Entitled to It?
Mello Jones and Martin · March 1st, 2003
The Employment Act 2000 which became effective March 1st, 2001 sets out minimum standards for employee leave benefits. The Act mandates which types of leave must be granted to employees and whether or not and in what circumstances such leave should be paid. The minimum standards are as follows.
Public Holidays
Employees are entitled to time off work with pay on each public holiday unless the parties agree otherwise. If the holiday falls on an employee’s rest day, then the employee can either take the next working day as his holiday or some other day as agreed with his employer. If the employee is required to work on a public holiday, then he must either be paid at the overtime rate (time and a half over 40 hours) or be paid his regular rate plus be given a holiday with pay on another day agreed with his employer. The employee is not entitled to pay if he does not work on the working day before and the working day after the holiday, unless he was on holiday or sick leave.
Vacation Leave
An employee is entitled to 2 weeks of annual paid vacation after 1 year of continuous employment. The employee cannot “carry over” accrued leave from one year to the next. If the employee requests it, he is entitled to be paid his holiday wages prior to going on holiday. The timing of the holiday is subject to the practical requirements of the business and to requests for vacation by other employees but otherwise the employer should grant the employee’s request for holiday at a particular time.
Public Duties
There are other instances when an employer must, where practical, permit its employee leave, such as to vote, to attend Court as Police, sit on a Government Board, the Senate or House of Assembly. An employee, if continuously employed for 1 year, is entitled to be paid for these types of leave. However, if the employee receives outside payment for any of these services, the employer may deduct that pay from the pay due to the employee for the time off.
Sick Leave
An employee is entitled to 8 paid sick days per year after having completed 1 year of continuous employment. However, if the employee is sick for 2 or more consecutive days, the employer may refuse to pay him if the employer has requested a medical certificate verifying the illness and the employee has failed to provide one.
Ante-natal leave
A pregnant employee who has completed over 1 year of continuous employment is entitled to take paid time off during working hours to attend doctors appointments. If her employer requests it, she must produce a medical certificate and appointment card verifying the pregnancy and the appointment in order to obtain this benefit. Employees who have worked less than 1 year are entitled to the time off, but without pay.
Maternity leave
A woman is entitled to 12 weeks maternity leave after 1 year of continuous employment (as of her expected due date) if she provides her employer with a medical certificate verifying pregnancy with the estimated date of birth and submits an application for maternity leave at least 4 weeks before her leave is to commence. Of the 12 weeks, 8 weeks are paid and the other 4 weeks are unpaid. If she has been employed for less than 1 year, she is entitled to only 8 weeks unpaid leave. If the employee intends to return to her job following leave without loss of seniority, she must notify her employer at least 2 weeks in advance of the date she intends to resume work. Otherwise, the employer is entitled to assume that she has resigned.
Bereavement leave
If someone in an employee’s immediate family dies (i.e. spouse, child, parent, sibling or co-habitee), then the employee is entitled “up to” 3 consecutive days bereavement leave (up to 5 days if the funeral is overseas). The employee must advise his employer as soon as possible of the date of death and expected dates of leave. The leave is unpaid.
It is important to know and follow the above minimum leave requirements. Of course, if there was already a contract in place prior to the Act, which prescribed better leave entitlements for the employee, then those more favourable entitlements will continue to apply. If the parties had agreed terms less favourable, then the improved, minimum standards set out in the Act will apply.
If you wish to learn more about what is considered normal leave in your industry you should contact the Bermuda Employers’ Council. You may also wish to seek help from your attorney to draft improvements to your Employee Handbook as well as your Statements of Employment.