s.14Vacation leave
14
Section 14Part 2 — Leave

Vacation leave

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Subject to section 15, every employee to whom this Part applies shall be entitled to, and that person's employer shall give that person, earned vacation leave with pay of the number of working days that is necessary if taken in an unbroken period to give that person at least the period of earned leave in each twelve month period of employment which is specified in respect of each such period in subsection (3):
the entitlement to earned vacation leave under this subsection shall only arise when the employee has completed the twelve month period of employment to which it relates.
The proviso to subsection (1) shall not apply where the employer and employee have agreed in writing that the entitlement of earned vacation leave shall accrue proportionately to the employee at the end of each month during each twelve month period of employment.
The minimum entitlement of earned leave referred to in subsection (1) is — Period of employment: Not exceeding 4 completed years - 2 weeks; Exceeding 4 but not exceeding 10 completed years - 3 weeks; Exceeding 10 completed years - 4 weeks. The minimum annual entitlement of earned leave shall be in such proportions and at such time as the employer and employee shall agree.
The Cabinet may, by regulations, prescribe that employers in such industries or businesses as may be specified in the regulations, being industries or businesses which have seasonal employment requirements, shall —
proportion leave in accordance with the time worked by their employees during each year
require their employees to take their leave during such periods in each year as may be specified in the regulations as being the agreed leave periods for the employer's industry or business.
Earned vacation leave shall be above and beyond and shall not include any public holiday leave as provided for by section 16, any sick leave as provided for by section 17 or any daily or weekly non-work periods as provided for by section 23.
The dates for the taking of earned vacation leave shall be fixed by agreement between employer and employee.
By mutual agreement the employer may advance vacation leave not yet earned.
The earned vacation leave specified in subsection (1) is not a cumulative entitlement and shall be taken annually in an unbroken time period, unless the employer and employee agree otherwise.
An employer shall not compel an employee to forego the taking of earned vacation leave even though that person pays or offers to pay in lieu thereof and in addition to the employee's normal wage, the wage the employee would have received had that person taken the leave.
Any person whose employment is terminated for any reason shall, subject to paragraph (a) of section 11(2), thereupon receive, in respect of every day of earned vacation leave due that person at the time of such termination, a cash sum equal to the remuneration for each such day. Once an employee has completed that person's probationary period, payment of such a sum in respect of earned vacation leave shall be granted on a pro-rata basis if or when that person's employment is terminated notwithstanding that that person has not completed the twelve month period to which it relates. Where such remuneration would normally include any thing other than money then the amount due on termination shall include the cash equivalent of such thing, calculated in accordance with paragraph (c) of section 28(1).
The rate of pay for each day of earned vacation leave shall not be less than the basic daily wage of the employee concerned at the commencement of the vacation leave.
Every employee to whom this Part applies shall, in addition to any entitlement to earned vacation leave, be entitled (during each twelve month period of employment) to a maximum of five days compassionate leave on the occurrence of a death or serious illness in the employee's immediate family provided reasonable evidence of such serious illness or death is provided to the employer; and for the purposes of this entitlement the employee's immediate family means the spouse, civil partner, parents and children of the employee.
In subsection (12) — "serious illness" includes any period of a person's admittance to hospital as in-patient, recuperation from such hospitalisation or any period of overseas travel related to such hospitalisation or recuperation.

Defined Terms

serious illnessimmediate family

Cross References