#BTColumn – Can protracted sick leave affect my vacation?

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I have been employed with at a company for two years. In the first year I received all three weeks of my vacation. In this, the second year of employment, I have been sick on and off and have been told that the total period off from work amounts to about 12 weeks. I have applied for my vacation but I am wondering if I would be entitled to my full three weeks this year. Also, can you explain how the calculation is done to come up with how much vacation pay you receive? 

Under the provisions of the Holidays with Pay Act (2017-3), if in the first year of employment you have reached your anniversary date and have at least attended work for 208 days, you are entitled to your full three weeks’ vacation.

The legislation states that an employee who completes a year of employment with the same employer is entitled to an annual holiday of a minimum of three (3) weeks. A “year of employment”, is defined as any period of 12 months during which the employee has actually performed labour or rendered services for the same employer for an aggregate of at least 208 days, in the case of employees employed on a weekly, fortnightly, monthly or yearly basis, and at least 150 days, in the case of any other employees e.g.  seasonal employees. 

Vacation is earned, i.e., an employee accrues vacation for each day he/she works. Vacation is not accrued when an employee is absent from work on sick leave. Therefore, in determining whether you are entitled to all three weeks of vacation you must deduct the 12 weeks from your current year of employment. If that deduction is made and you have not reached an aggregate of 208 days, your vacation days will be prorated based on the time you have worked. 

Your vacation pay will be calculated as follows:

The payment will be made based on your average pay – your average pay, since you have only been with the company two years, will be 3/52 of your total earnings for your year of employment. 

An employee who has worked for more than one year but less than 5 years with any one employer will be entitled to 3 weeks’ vacation. If you have worked 5 years or more you will be entitled to 4 weeks’ vacation – the calculation would be 4/52 of your total earnings for your year of employment.  

In making the calculation the pay must not be less than what you would normally be paid if you had worked in your normal work period whether it be weekly, fortnightly or monthly. Of course, this means that you would have at least met the criteria of at least 208 days worked within the year of employment. 

Total remuneration/earnings include basic wages plus payment for work done on Sundays or Public Holidays, commission, incentive pay and cash value of boarding or lodging and meals. Your basic wage is the standard pay for work period provided for in your contract of employment, either what is paid monthly, weekly, fortnightly, daily, on an hourly basis, or by work done, as the case may be, but does not include any additional payment made to the employee as a bonus, commission or overtime. The total remuneration does not include any discretionary payment of any kind paid to you by your employer. 

You should also note that payment for your holiday ought to be paid no later than the day immediately preceding the commencement of your annual holiday; this is whether your holiday is taken in one period or otherwise as agreed with your employer. 

About Lifeline Labour Solutions: Lifeline Labour Solutions is a boutique partnership providing people management solutions to workplace challenges Partners Carol- Ann Jordan and Jacqueline Belgrave are established practitioners with a wealth of knowledge and experience in Employment Relations, Labour Relations and Human Resource Management between them. Email: info@ lifelinelabour.