Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(6) A person whose employment is for any reasonterminated shall receive vacation leave pay in respect ofholiday leave earned but not taken.(7) An employee may, with the approval of the employer,accumulate holiday leave, provided that the total leaveentitlement at any time shall not exceed 20 days.(8) An employee may, with the agreement of the employer,take his or her paid holiday in not more than 2 parts inany year.52. Sick leave(1) After not less than 13 weeks of continuous service withan employer, an employee shall be eligible to not lessthan 24 days of paid sick leave during each year ofservice.(2) Payment shall be at the normal rate of wages less anyamount to which the employee is entitled by virtue ofthe Social Security Act.(3) No employee shall be entitled to wages for more than 2consecutive days of sickness unless his incapacity towork resulting from sickness or injury is certified by aregistered medical practitioner.53. Maternity leave(1) On the production of a certificate from a registeredmedical practitioner stating the presumed date ofconfinement, a female employee who has completed 12months continuous employment shall be granted aperiod of maternity leave of 3 months with pay by heremployer.(2) Payment shall be at the normal rate of wages less anyamount to which the employee is entitled by virtue ofthe Social Security Act.(3) Where a female employee is granted maternity leaveunder this section, the husband or de facto spouse of theemployee shall, upon application, be granted paternityleave for such period as requested in the application, but36
MONTSERRATLABOUR CODE, 2012No. 20 of 2012in any case not exceeding 2 weeks with pay, to betaken—(a) during the period his wife or de facto spouse is onmaternity leave; or(b) not later than 6 months from the birth of the child.(4) Where a female employee is granted maternity leave,and a medical practitioner certifies that an illnessnecessitating absence from work arises out of thepregnancy or confinement or both, the employer shallgrant the employee an additional period of leave notexceeding 3 months.54. Protection from dismissal while on maternity leaveWhile a female employee is absent from work onmaternity leave, it shall be unlawful for an employer togive her notice of dismissal during such absence, or togive her notice of dismissal at such time that the noticewould expire during the absence.55. Special leave for jury service and other civic purposes(1) An employee who is required to be absent from work forjury service or other civic natures of a national natureshall be granted leave with full pay by his or heremployer for that purpose.(2) An employee who is required to attend any hearing ofthe Tribunal shall be granted leave with full pay by hisor her employer for that purpose.56. Compassionate leaveAn employee shall be entitled to 3 days compassionatepaid leave on the death or critical illness in Montserratof his or her parent, child, brother or sister or spouse and5 days compassionate paid leave where the death orcritical illness occurs abroad.37
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Labour Code 2012 - Government of Montserrat

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