Holiday leave
In the British Virgin Islands, the Labour Code 2010 stipulates the vacation leave entitlements for employees. After completing their probationary period, employees are entitled to a minimum of 12 normal working days of vacation leave per year if they have less than 10 years of service.
Entitlement for 10-20 Years of Service
For those with 10 or more years of service, but less than 20, the entitlement increases to a minimum of 15 normal working days of vacation leave per year.
Entitlement for 20+ Years of Service
Employees with 20 or more years of service are entitled to a minimum of 20 normal working days of vacation leave per year.
Pay During Vacation Leave
During their vacation leave period, employees receive their normal pay.
Unused Vacation Leave
Employers must ensure that employees take their entitled vacation leave. Untaken vacation cannot be forfeited unless agreed upon by the employee or in case of termination.
Pro-rated Vacation Leave
Employees are also entitled to pro-rated vacation leave for partial years of service.
Public holidays
The British Virgin Islands celebrate a variety of official public holidays throughout the year. These include:
- New Year's Day: Celebrated on January 1.
- Commonwealth Day: Observed on the second Monday in March.
- H. Lavity Stoutt's Birthday: Celebrated on March 7.
- Good Friday: The date varies, but it falls in March or April.
- Easter Monday: This also varies between March and April.
- Whit Monday: The date for this holiday varies between May and June.
- Sovereign's Birthday: Celebrated in June, the exact date varies.
- Territory Day: Celebrated on July 1.
- Festival Monday, Tuesday, and Wednesday: These are observed on the first Monday, Tuesday, and Wednesday in August.
- Saint Ursula's Day: Celebrated on October 21.
- Prince of Wales's Birthday: Celebrated on November 14.
- Christmas Day: Celebrated on December 25.
- Boxing Day: Celebrated on December 26.
It's important to note that when a public holiday falls on a weekend, a substitute holiday is usually observed on the following Monday.
Types of leave
In the British Virgin Islands, the Labour Code 2010 governs the various types of employee leave entitlements.
Sick Leave
Employees who have worked for at least 4 months are entitled to up to 12 days of paid sick leave per year. A medical certificate must be provided.
Maternity Leave
Female employees are entitled to 13 weeks (91 days) of paid maternity leave after 12 months of continuous employment. Employers cannot dismiss a female employee while she is on maternity leave.
Paternity Leave
Fathers are entitled to 5 consecutive days of paid paternity leave following the birth of a child.
Bereavement Leave
Employees may be entitled to a short period of paid leave in the event of the death of an immediate family member. The Labor Code doesn't explicitly address this, but it may be covered in individual employment contracts or collective agreements.
Special Leave
Employees may be granted special leave with or without pay for purposes such as jury duty or other civic responsibilities.