Managing employee leave entitlements in American Samoa requires a clear understanding of local labor regulations. Employers operating in the territory must comply with specific requirements regarding vacation time, public holidays, sick leave, and other types of statutory leave. Navigating these policies ensures compliance and supports positive employee relations.
Understanding the various leave categories and their associated rules is crucial for businesses employing staff in American Samoa. This guide provides an overview of the key leave entitlements employees are typically afforded under local labor standards.
Annual Vacation Leave
Employees in American Samoa are entitled to paid annual vacation leave. The minimum entitlement is based on the employee's length of service with the employer. This leave accrues over time and can typically be taken after a certain period of employment.
- Minimum Entitlement: Employees are generally entitled to paid annual leave after completing one year of continuous service.
- Accrual Rate: The standard accrual rate is typically 10 working days of paid leave per year after the first year of service.
- Usage: Leave is usually taken at a time mutually agreed upon by the employer and employee.
- Carry-over: Policies regarding carrying over unused leave may vary depending on company policy, but local regulations may specify limits or requirements.
Public Holidays
American Samoa observes several public holidays throughout the year. Employees are generally entitled to a paid day off on these holidays. If an employee is required to work on a public holiday, they are typically entitled to premium pay, often at a rate of one and a half times their regular rate of pay.
Here are the anticipated public holidays for 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| January 20 | Martin Luther King, Jr. Day |
| February 17 | Presidents' Day |
| March 28 | Good Friday |
| May 26 | Memorial Day |
| June 19 | Juneteenth |
| July 4 | Independence Day |
| September 1 | Labor Day |
| October 13 | Columbus Day |
| November 4 | Election Day |
| November 11 | Veterans Day |
| November 27 | Thanksgiving Day |
| December 25 | Christmas Day |
Note: Dates for some holidays may shift if they fall on a weekend, with the observance potentially moved to the nearest weekday.
Sick Leave
Employees in American Samoa are also entitled to paid sick leave. This allows employees to take time off work when they are ill or injured and unable to perform their duties.
- Minimum Entitlement: Employees typically accrue paid sick leave. A common standard is 5 working days of paid sick leave per year.
- Accrual: Sick leave usually accrues monthly or bi-weekly.
- Usage: Employees can use sick leave for their own illness or injury.
- Medical Certification: Employers may require a medical certificate for absences exceeding a certain number of consecutive days.
- Carry-over: Policies on carrying over unused sick leave may vary.
Parental Leave
Parental leave provisions in American Samoa cover maternity, paternity, and adoption leave, allowing employees time off for childbirth or adoption.
- Maternity Leave: Female employees are generally entitled to maternity leave. The duration and pay during this leave can vary, but it typically includes a period before and after childbirth. Specific entitlements may depend on the employer's policy and length of service.
- Paternity Leave: Some employers may offer paternity leave, allowing fathers time off around the birth or adoption of a child. This is often not a statutory requirement but may be provided as an employee benefit.
- Adoption Leave: Leave may also be available for employees adopting a child, similar to maternity or paternity leave provisions.
Specific durations and whether the leave is paid or unpaid can depend on the employer's policies and potentially the size of the employer.
Other Types of Leave
Beyond the primary categories, employees in American Samoa may be entitled to other types of leave depending on specific circumstances or employer policy.
- Bereavement Leave: Time off granted to employees following the death of a family member. The duration is typically short, such as 3-5 days.
- Jury Duty Leave: Employees required to serve on a jury are generally entitled to time off.
- Military Leave: Employees who are members of the reserve forces may be entitled to leave for training or active duty.
- Study Leave: Some employers may offer leave for employees pursuing further education or training relevant to their job. This is typically not a statutory entitlement.
- Sabbatical Leave: Long-term employees in certain professions or organizations may be eligible for extended leave after a significant period of service, often for rest, study, or travel. This is not a statutory requirement.
Specific entitlements and whether these types of leave are paid or unpaid depend heavily on the employer's internal policies and employment contracts.
