Vacation, sick leave and the family provisions of the Act

The Employment Act 2001 sets out vacation, sick leave and family leave entitlements.

Vacation leave

The Act provides statutory vacation entitlement. Employers are required to track leave balances, and accrued vacation pay must be paid on termination regardless of the reason for leaving.

Sick leave

Statutory sick leave is provided under the Act, and NIB sickness benefit is available subject to contribution conditions.

Maternity leave

The Act deals with the grant of maternity leave, its duration, and additional leave where circumstances require it.

Importantly, the Act addresses dismissal on the ground of pregnancy — such a dismissal can give rise to unfair dismissal remedies including reinstatement and up to 26 weeks of additional compensation.

Family leave

The Act includes provisions on family leave alongside maternity provisions.

Protection of employment

The Act contains a specific part on protection of employment, and gives the relevant authority power to order payment where entitlements have not been met.

Termination during the leave year

The Act addresses termination of employment during the year for the purposes of calculating leave entitlements, so a partial year is dealt with rather than lost.

What to track yourself

Keep your own record of vacation days taken and any requests refused. Since accrued vacation is payable on termination, that record has direct financial value at the end.

Public holidays

The Bahamas observes public holidays with associated pay implications where you are required to work.

If leave is refused or unpaid

Raise it with the employer first, then the Department of Labour. The Tribunal handles disputes that are not resolved.

A note on documentation

Employers who lose at the Industrial Tribunal usually lose because the calculation lived in a manager's head rather than in a system. Your own records are the counterweight to that.