Managing employee leave entitlements is a critical aspect of compliance and employee satisfaction for businesses operating in Guam. Understanding the specific requirements for vacation, sick leave, public holidays, and other types of leave is essential for employers to ensure they meet their legal obligations and maintain fair labor practices. These policies are governed by local statutes and can vary from standard practices in other jurisdictions, necessitating careful attention to detail when employing individuals on the island.
Employers in Guam must navigate a distinct set of regulations concerning employee time off. These rules cover everything from how much paid time off employees accrue to specific provisions for various life events and national observances. Adhering to these guidelines is not only a legal necessity but also contributes to a positive and stable work environment.
Annual Vacation Leave
Employees in Guam are entitled to accrue annual leave based on their length of service. The minimum accrual rates are typically set by law, ensuring that employees receive a baseline amount of paid time off for rest and recreation.
- Accrual Rate: Employees generally accrue annual leave at a rate that increases with their years of service.
- During the first three years of service, employees typically accrue annual leave at a rate of 4 hours for every 80 hours worked.
- After three years of service, the accrual rate often increases.
- Specific rates may vary based on employment type (e.g., government vs. private sector), but the minimums are legally mandated.
- Usage: Employees can typically use accrued annual leave upon request, subject to employer approval based on business needs.
- Carryover: Regulations often specify limits on the maximum amount of annual leave that can be carried over from one year to the next.
Public Holidays
Guam observes a number of public holidays throughout the year. Employees are typically entitled to paid time off on these days. If employees are required to work on a public holiday, they are often entitled to premium pay, such as time and a half or double time, in addition to their regular wages.
Here are the anticipated public holidays for 2025 in Guam:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| January 20 | Martin Luther King, Jr. Day |
| February 17 | Presidents' Day |
| March 3 | Guam Discovery Day |
| April 18 | Good Friday |
| May 26 | Memorial Day |
| June 19 | Juneteenth |
| July 4 | Independence Day |
| July 21 | Liberation Day |
| September 1 | Labor Day |
| October 13 | Columbus Day |
| November 4 | Election Day |
| November 11 | Veterans Day |
| November 27 | Thanksgiving Day |
| December 8 | Our Lady of Camarin Day |
| December 25 | Christmas Day |
Note: Some holidays falling on a weekend may be observed on the preceding Friday or following Monday.
Sick Leave
Guam law mandates that employees accrue sick leave. This leave is intended to be used when an employee is ill or injured and unable to work, or for medical appointments.
- Accrual Rate: Employees typically accrue sick leave at a rate of 4 hours for every 80 hours worked.
- Usage: Employees can use accrued sick leave for their own illness, injury, or medical appointments. Some provisions may allow usage for family members' serious health conditions under certain circumstances, often aligning with federal FMLA guidelines if applicable.
- Pay: Sick leave is generally paid at the employee's regular rate of pay.
- Verification: Employers may require medical certification for sick leave absences, particularly for longer durations.
- Carryover: Accrued sick leave can often be carried over from year to year, though there may be limits on the total amount that can be accumulated.
Parental Leave
Parental leave in Guam includes provisions for maternity, paternity, and adoption leave, often aligning with the principles of the Family and Medical Leave Act (FMLA) for eligible employees and employers.
- Eligibility: Eligibility for FMLA-like leave typically requires the employee to have worked for a covered employer for at least 12 months and have worked at least 1,250 hours during the 12 months prior to the start of the leave. The employer must also meet certain size thresholds (e.g., 50 or more employees within 75 miles).
- Entitlement: Eligible employees are entitled to up to 12 weeks of unpaid leave per year for qualifying events, including:
- The birth of a child and to care for the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for the employee’s spouse, child, or parent who has a serious health condition.
- For a serious health condition that makes the employee unable to perform the essential functions of his or her job.
- For any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty.
- Pay: Leave taken under FMLA provisions is generally unpaid. However, employees may choose, or employers may require them, to use accrued paid leave (such as vacation or sick leave) concurrently with FMLA leave.
- Job Protection: Employees are entitled to return to the same or an equivalent position with the same pay, benefits, and terms and conditions of employment after taking FMLA leave.
Other Leave Types
Beyond the primary categories, employees in Guam may be entitled to other types of leave, depending on specific circumstances and employer policies.
- Bereavement Leave: While not always a statutorily mandated paid leave for all private sector employees, many employers provide a few days of paid or unpaid leave for employees to mourn the death of a close family member.
- Jury Duty Leave: Employees are typically required to serve on a jury when summoned. Employers are generally prohibited from penalizing employees for fulfilling this civic duty. Pay during jury duty varies; some employers pay the difference between the employee's regular wage and the jury duty pay, while others provide unpaid leave.
- Military Leave: Employees who are members of the U.S. armed forces or National Guard are entitled to leave for military service or training under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This leave is typically unpaid, but employees have reemployment rights upon their return.
- Voting Leave: Guam law may provide employees with time off to vote, though specific provisions regarding pay and duration can vary.
Policies for study leave, sabbatical leave, or other specialized leaves are typically at the discretion of the employer unless specifically covered by a collective bargaining agreement or individual employment contract.
