Employers operating in Gibraltar must navigate specific legal requirements concerning employee leave entitlements. These regulations ensure that employees receive adequate time off for various purposes, including rest, public holidays, illness, and family responsibilities. Understanding and correctly implementing these policies is crucial for compliance and effective workforce management.
Adhering to Gibraltar's leave laws is essential for businesses to operate smoothly and maintain positive employee relations. The framework covers a range of leave types, each with its own set of rules regarding eligibility, duration, and compensation.
Annual Vacation Leave
Employees in Gibraltar are legally entitled to a minimum amount of paid annual leave. This entitlement is designed to allow employees time for rest and recreation away from work.
The minimum statutory annual leave entitlement is 20 working days plus public holidays, or 28 days in total, inclusive of public holidays. This is equivalent to 5.6 weeks of holiday per year for a full-time employee working a five-day week. Part-time employees are entitled to a pro-rata amount of leave based on the hours they work.
Leave accrues throughout the year. Employees typically cannot take leave until it has been accrued, although employers may allow it at their discretion. There are regulations regarding carrying over unused leave into a new leave year, often with limitations. Employers must ensure employees are able to take their full entitlement within the relevant leave year.
Payment for annual leave should be at the employee's normal rate of pay.
Public Holidays and Observances
Gibraltar observes a number of public holidays throughout the year. When a public holiday falls on a weekend, a substitute day is often designated, usually the next working day. Employees are generally entitled to a day off on public holidays with normal pay. If an employee is required to work on a public holiday, they may be entitled to additional pay or time off in lieu, depending on their contract and the specific circumstances.
The standard public holidays observed in Gibraltar include:
| Date (Approximate) | Holiday |
|---|---|
| January 1 | New Year's Day |
| March (Second Mon) | Commonwealth Day |
| March/April | Good Friday |
| March/April | Easter Monday |
| May 1 | May Day |
| May (Last Mon) | Spring Bank Holiday |
| June (Second Sat) | King's Birthday |
| August (Last Mon) | Late Summer Bank Holiday |
| September 10 | Gibraltar National Day |
| December 25 | Christmas Day |
| December 26 | Boxing Day |
Note: Specific dates for variable holidays like Easter and Bank Holidays are confirmed annually. Substitute days apply if a holiday falls on a weekend.
Sick Leave Policies and Pay
Employees in Gibraltar are entitled to sick leave when they are unwell and unable to work. The rules regarding sick pay are often linked to the employee's length of service.
Typically, employees are required to notify their employer of their absence due to sickness as soon as reasonably practicable. For short periods of absence (e.g., up to 7 days), a self-certification form may be sufficient. For longer periods, a medical certificate from a doctor is required.
Statutory sick pay entitlements and duration can vary based on the employee's service length. Employers may offer more generous sick pay schemes than the statutory minimum.
Parental Leave
Gibraltar law provides for various types of leave related to parenthood, including maternity, paternity, and adoption leave.
Maternity Leave
Pregnant employees are entitled to maternity leave. The standard entitlement is 26 weeks of Ordinary Maternity Leave (OML) followed by 26 weeks of Additional Maternity Leave (AML), totaling 52 weeks. There are rules regarding when leave can start (typically no earlier than 11 weeks before the expected week of childbirth).
Maternity pay entitlements are subject to eligibility criteria, often related to length of service and earnings. Statutory Maternity Pay (SMP) is typically paid for a portion of the leave period, often at a rate based on average earnings for the initial weeks, followed by a lower standard rate.
Paternity Leave
Fathers or partners of the mother are entitled to paternity leave. This is typically a shorter period, often one or two weeks, taken around the time of the child's birth or adoption. Paternity pay is also subject to eligibility criteria similar to SMP.
Adoption Leave
Employees who adopt a child are entitled to adoption leave, mirroring the provisions for maternity leave in many aspects. One parent in a couple designated as the primary adopter is entitled to 52 weeks of leave, similar to maternity leave. The other parent may be entitled to paternity leave. Adoption pay is also available subject to eligibility.
Other Types of Leave
Beyond the main categories, employees in Gibraltar may be entitled to other types of leave under specific circumstances or as provided by their employment contract or company policy.
- Bereavement Leave: While there may not be a specific statutory entitlement, many employers provide a period of paid or unpaid leave to employees dealing with the death of a close family member.
- Jury Service: Employees summoned for jury service are legally required to attend. Employers are generally not required to pay employees during jury service, but employees can claim an allowance from the court. It is unlawful to dismiss an employee for undertaking jury service.
- Study Leave: There is no general statutory right to paid study leave, though some employers may offer it as part of employee development programs.
- Sabbatical Leave: Sabbatical leave is not a statutory entitlement and is typically offered at the employer's discretion, often for long-serving employees.
