Managing employee leave and holidays in the U.S. Virgin Islands requires understanding local labor laws and standard practices. Employers operating in the territory must comply with regulations governing vacation accrual, sick time, public holidays, and various types of leave to ensure fair treatment of employees and maintain compliance.
Navigating these requirements is essential for businesses employing staff in the USVI, whether they are locally based or operating remotely with employees in the territory. Adhering to these guidelines helps foster positive employee relations and ensures legal compliance within the specific framework of USVI labor legislation.
Annual Vacation Leave
Employees in the U.S. Virgin Islands are entitled to accrue vacation leave based on their length of service. The minimum accrual rates are typically defined by law, ensuring that employees receive paid time off for rest and relaxation.
- Accrual Rate:
- Employees with less than three years of service: 1/2 day per bi-weekly pay period (equivalent to 13 days per year).
- Employees with three or more years of service: 3/4 day per bi-weekly pay period (equivalent to 19.5 days per year).
- Employees with fifteen or more years of service: 1 day per bi-weekly pay period (equivalent to 26 days per year).
- Usage: Vacation leave is typically taken with the employer's approval. Policies regarding carry-over of unused vacation time may vary by employer, though some limits may apply.
- Payment upon Termination: Unused accrued vacation leave is generally required to be paid out to an employee upon termination of employment.
Public Holidays
The U.S. Virgin Islands observes a number of public holidays throughout the year. Employees are typically entitled to time off on these days, often with pay, depending on their employment agreement and the employer's policy. When a holiday falls on a weekend, it is often observed on the preceding Friday or following Monday.
Here is a list of commonly observed public holidays in the USVI:
| Holiday | Typical Date (2025 dates may vary based on day of week) |
|---|---|
| New Year's Day | January 1 |
| Martin Luther King, Jr. Day | Third Monday in January |
| Presidents' Day | Third Monday in February |
| Transfer Day | March 31 |
| Holy Thursday | Thursday before Easter |
| Good Friday | Friday before Easter |
| Easter Monday | Monday after Easter |
| Memorial Day | Last Monday in May |
| Organic Act Day | June 21 |
| Emancipation Day | July 3 |
| Independence Day | July 4 |
| Hurricane Supplication Day | Fourth Monday in July |
| Labor Day | First Monday in September |
| Hurricane Thanksgiving Day | Fourth Monday in October |
| V.I. Election Day | First Tuesday after the first Monday in November |
| Veterans Day | November 11 |
| Thanksgiving Day | Fourth Thursday in November |
| Christmas Day | December 25 |
| Christmas Second Day | December 26 |
Note: Specific dates for holidays falling on a weekend should be confirmed annually.
Sick Leave
USVI law mandates that employees accrue paid sick leave. This allows employees to take time off when they are ill or injured.
- Accrual Rate: Employees typically accrue sick leave at a rate of 1/2 day per bi-weekly pay period, which amounts to 13 days per year.
- Usage: Sick leave can be used for an employee's own illness or injury, or for medical appointments. Some laws may also permit usage for caring for a family member.
- Carry-Over: Unused sick leave may be carried over from year to year, though employer policies may set limits on the total amount that can be accrued.
- Payment: Sick leave is paid time off. Unlike vacation, accrued sick leave is generally not required to be paid out upon termination of employment unless specified otherwise by an employer's policy or collective bargaining agreement.
Parental Leave
While the U.S. Virgin Islands does not have its own comprehensive parental leave law separate from federal regulations, eligible employees and employers may be covered by the Family and Medical Leave Act (FMLA).
- FMLA Eligibility: FMLA applies to employers with 50 or more employees within a 75-mile radius. Eligible employees must have worked for the employer for at least 12 months and have completed 1,250 hours of service during the previous 12 months.
- Entitlement: Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth of a child and to care for the newborn, for the placement with the employee of a child for adoption or foster care, or to care for a spouse, child, or parent with a serious health condition.
- Pay: FMLA leave is unpaid at the federal level. Any paid leave during this period would be subject to employer policy (e.g., using accrued vacation or sick time concurrently with FMLA leave).
Other Leave Types
Beyond vacation, holidays, sick leave, and federally mandated FMLA, other types of leave may be available to employees in the USVI, often based on specific circumstances or employer policy.
- Bereavement Leave: Many employers provide a short period of paid or unpaid leave following the death of a close family member. This is typically an employer-provided benefit rather than a statutory requirement.
- Jury Duty Leave: Employees are generally required to be granted leave to serve on a jury. Employers may or may not pay employees during this time, depending on local law or company policy.
- Military Leave: Employees who are members of the U.S. armed forces or National Guard are entitled to leave for training or active duty under federal law (USERRA).
- Voting Leave: USVI law may provide employees with time off to vote, typically a limited amount of paid time.
- Study/Sabbatical Leave: These types of leave are not typically mandated by law but may be offered by employers as a benefit for employee development or long-term service.
