Vanuatu's labor laws, primarily governed by the Employment Act of 1983, establish a framework for employee leave entitlements, ensuring a balance between worker rights and employer needs. These regulations cover various types of leave, including annual vacation, public holidays, sick leave, and parental leave, providing a clear structure for managing employee time off. Understanding these provisions is crucial for employers operating in Vanuatu to ensure compliance and foster a fair working environment.
The legal framework outlines minimum entitlements, and employers may choose to offer more generous leave benefits. It is important for employment contracts to clearly state all leave entitlements and any specific conditions for their granting.
Annual Vacation Leave Entitlements and Regulations
Employees in Vanuatu are entitled to paid annual leave after completing a period of continuous employment. The minimum entitlement increases with the length of service. Annual leave accrues monthly and is generally paid at the employee's regular wage.
| Years of Continuous Employment | Minimum Annual Leave Entitlement | Accrual Rate (per month) |
|---|---|---|
| 1 to 6 years | 15 working days (3 weeks) | 1.25 working days |
| 7 to 19 years | 21 working days (4.2 weeks) | 1.75 working days |
| 20 years | 23 working days | |
| 25 years | 25 working days | |
| 30+ years | 27 working days |
- Continuous Employment: For annual leave purposes, continuous employment is generally defined as working more than 22 days per month.
- Taking Leave: Annual leave can be taken in one period or, by agreement between the employer and employee, in no more than two separate periods.
- Advance Leave: With mutual agreement, annual leave can be taken wholly or partly in advance before the employee has fully accrued the entitlement.
- Notice Period: Employees should generally provide at least two weeks' notice before their intended annual leave start date, unless otherwise agreed.
- Employer Approval: Annual leave requires employer approval, and the employer may schedule leave based on business needs, while aiming to accommodate employee requests where practicable.
- Payout on Termination: Unused annual leave is typically paid out upon termination of employment.
Public Holidays and Observances
Vanuatu observes several public holidays throughout the year, during which employees are entitled to paid time off. The specific dates for 2025 have been officially announced.
| Date (2025) | Day | Holiday Name |
|---|---|---|
| January 1 | Wednesday | New Year's Day |
| February 21 | Friday | Father Lini Day |
| March 5 | Wednesday | Custom Chiefs' Day |
| April 18 | Friday | Good Friday |
| April 21 | Monday | Easter Monday |
| May 1 | Thursday | Labour Day |
| May 29 | Thursday | Ascension Day |
| July 24 | Thursday | Children's Day |
| July 30 | Wednesday | Independence Day |
| August 15 | Friday | Assumption Day |
| October 5 | Sunday | Constitution Day |
| October 6 | Monday | Constitution Day (in lieu) |
| November 29 | Saturday | Unity Day |
| December 25 | Thursday | Christmas Day |
| December 26 | Friday | Family Day |
- Work on Public Holidays: If an employee is required to work on a public holiday, they are generally entitled to additional compensation or an alternative day off in lieu.
Sick Leave Policies and Pay
Employees in Vanuatu are entitled to paid sick leave after a period of continuous employment.
- Eligibility: Employees who have been in continuous employment with the same employer for more than three months are entitled to sick leave. Some sources indicate eligibility after six months.
- Entitlement: The minimum entitlement is 21 working days of paid sick leave per year.
- Payment: Sick leave is paid at the employee's full usual salary or wage.
- Medical Certificate: Employees are required to inform their employer as soon as possible about their sickness. A medical certificate is required if the sickness lasts more than two days for employees in Port Vila and Luganville, or more than four days for employees elsewhere. Employers may require a medical certificate for all sick leave, in which case the employer is responsible for the costs.
- Accrual and Carry Over: Sick leave does not typically accrue or carry over from year to year.
Parental Leave (Maternity, Paternity, Adoption) Entitlements
Vanuatu's labor laws provide specific entitlements for maternity leave. Paternity and adoption leave are not explicitly outlined in national legislation and typically depend on employer policies.
Maternity Leave
- Entitlement: Pregnant employees are entitled to 12 weeks of maternity leave.
- Timing: This leave can be taken up to 6 weeks before the expected childbirth and must include the 6 weeks following childbirth. An employee may work closer to the birth date if a medical certificate confirms it is safe.
- Payment: Maternity leave is generally paid at a rate of 66% of the employee's usual salary or wage. Some sources indicate it is paid by the government or employer depending on the contract.
- Notice: Employees must provide at least one month's notice before the intended start date of their maternity leave.
- Protection: Employees on maternity leave are protected against dismissal due to pregnancy or childbirth.
- Return to Work: A woman returning to employment after maternity leave must return to the same or an equivalent position without loss of salary, wages, benefits, or seniority, or may be appointed to a higher position.
Paternity Leave
- Vanuatu's national legislation does not explicitly outline statutory paternity leave.
- Provisions for paternity leave typically depend on individual employer policies and agreement with the employer.
Adoption Leave
- Maternity leave provisions do not apply to women who adopt babies.
- There is no specific statutory adoption leave in Vanuatu; any provisions would be at the employer's discretion.
Other Types of Leave
Beyond the primary leave categories, Vanuatu's labor laws and common employer practices may include other types of leave.
- Bereavement/Compassionate Leave: Employees are typically entitled to paid compassionate leave upon the death of a close relative (parent, child, sibling, spouse).
- Entitlement: Up to 2 days of paid leave are generally granted for the death of an immediate family member. Some sources also mention an additional 10 working days of unpaid leave.
- Notice: Employees should inform their employer as soon as possible.
- Approval: Employer approval is generally required.
- Study Leave: While not a statutory entitlement, some employers may grant unpaid leave for study commitments. Public Service Commission forms for study leave exist, indicating it may be available for public sector employees.
- Sabbatical Leave: Sabbatical leave is not a statutory entitlement and is typically at the discretion of the employer, often based on company policy or mutual agreement.
- Unpaid Leave: The duration of unpaid leave is not specified by law and is determined through mutual agreement between the employer and employee based on individual circumstances. Unpaid leave requires prior employer approval.
