Understand the regulations on vacation and other types of leave in Namibia
In Namibia, the Labour Act, 2007 (Act No.11 of 2007) governs vacation leave entitlements. As per Section 23 of the Labour Act, an employee is entitled to a minimum of 24 consecutive days of annual leave on full pay for every completed leave cycle of 12 months. The leave accrues based on the number of days an employee typically works per week. For example, employees working 6 days a week are entitled to 24 working days of leave, while those working 5 days a week are entitled to 20 working days of leave.
During their first year of employment, new employees may not take annual leave, but they accrue leave days proportionally from their start date. If an employee's employment ends, they are entitled to prorated pay for any accrued but unused leave days. Employers can set their own policies on carrying over unused leave. However, the Labour Act states that leave must be taken within four months of the leave cycle's end unless the employee has agreed in writing to extend it to a maximum of six months.
Collective agreements in some industries or companies may provide for more generous vacation leave entitlements than the legal minimum.
Namibia's public holidays reflect its diverse history and culture. The country recognizes several holidays throughout the year.
When a public holiday falls on a Sunday, the following Monday is usually observed as a public holiday. Additionally, the President of Namibia may declare additional public holidays in specific years.
In Namibia, the Labour Act 11 of 2007 governs the various types of leave entitlements for employees.
Employees are entitled to at least 24 consecutive days of annual leave per year on full pay. For employees working a five-day week, they are entitled to a minimum of 20 working days annually. Leave accrues throughout the year of employment. Employers and employees may agree on when the leave can be taken, provided it doesn't interfere with operational requirements.
During a 36-month cycle, employees working a five-day week are entitled to 30 working days of sick leave, and employees working a six-day week are entitled to 36 working days of sick leave. Employees must provide a medical certificate if their absence due to illness exceeds two consecutive days or if they are absent for a single day on more than two occasions during an eight-week period.
Female employees are entitled to four weeks of uninterrupted maternity leave prior to the expected date of birth and eight weeks after birth. This leave is available after one year of continuous service with the employer. While the law does not mandate full pay during maternity leave, social security may provide partial wage compensation. Employers may also have more generous policies.
Employees are entitled to up to three days of paid compassionate leave per year on the death of a spouse, parent, grandparent, child, grandchild, brother, or sister.
Part-time employees are generally entitled to leave on a pro-rata basis. Employers may offer additional leave benefits beyond the legal minimums outlined in the Labour Act.
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