Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Is your business calculating vacation leave properly?
Business
With Gavin Goffe  
September 10, 2019

Is your business calculating vacation leave properly?

Legal Notes

An alarming number of human resource professionals are incorrectly calculating the vacation leave earned by their employees.

In some cases, this stems from a misunderstanding of two key provisions in the Holidays with Pay Order, while in others, the mistake is passed down from one Human Resource (HR) manager to another like an old school uniform in August.

Our law sets the default position that vacation days earned in any given year may be taken in the following year unless there’s an agreement between the parties to take the leave during the year it was earned.

Very few employers permit their workers to take vacation in the first year, and assume that vacation leave is not earned during that year at all. To the contrary, an employee begins to accumulate vacation leave once he has worked for 110 days, at which time he’s credited with five (5) working days.

If leave earned in year one may only be taken in year two and leave earned in year two may be taken in year three, then the leave is being taken in arrears.

In businesses where leave is taken in arrears, the result will normally be that when the employment contract is terminated the worker will be carrying a balance representing some or all of the vacation leave earned in that year, and possibly prior years, too. That’s why it is so important for an employee to know whether he is taking leave earned in the current year as opposed to the preceding year.

It is also very important for business owners to know the accurate amount of vacation leave their workers are entitled to at any given time. Not only does this help with proper strategic planning, but it also minimises the risk of unexpected costs at a later date.

The second misinterpreted provision relates to the amount of vacation leave pay owed to an employee. The law uses the term “normal wages”, not “base pay”. Normal wages includes commission and regularly paid bonuses but does not include overtime pay or certain allowances.

An employee who earns commission ought to be paid the average earnings calculated over the preceding 13 weeks. Thus, if a sales associate opts to take vacation leave after a slow business period, she could find that her pay during that period is significantly less than it would have been had she taken it immediately after healthy commissions had been paid to her.

The minimum amount of vacation leave that an employer must grant is two weeks for each year worked by an employee with fewer than 10 years’ service, and three weeks for each year worked by an employee with more than 10 years’ service. For purposes of calculating vacation leave, a worker is treated as having worked for a full year if he has worked for more than 220 days.

These are minimums only and can be increased based on an agreement between the employer and employee. Although vacation leave is a statutory right, it should generally be exercised only with the approval of the employer. This approval should not be unreasonably withheld.

If an employer breaches the Holidays with Pay Act, he may be fined up to a maximum of $250,000 or up to three months’ ‘holiday’ in her Majesty’s prison.

Gavin Goffe is a partner at Myers, Fletcher & Gordon and a member of the firm’s Litigation Department and Labour Law Practice Group. Gavin may be contacted at gavin.goffe@mfg.com.jm or through www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.

Gavin Goffe

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Barca claim La Liga title with Clasico win over Real Madrid
Latest News, Sports
Barca claim La Liga title with Clasico win over Real Madrid
May 10, 2026
BARCELONA, Spain (AFP) -- Barcelona secured their 29th Spanish league title after beating Real Madrid 2-0 in the Clasico on Sunday. Marcus Rashford an...
{"jamaica-observer":"Jamaica Observer"}
Trump rejects Iran peace terms, Tehran warns of new attacks
International News, Latest News
Trump rejects Iran peace terms, Tehran warns of new attacks
May 10, 2026
WASHINGTON, United States (AFP) -- US President Donald Trump on Sunday branded Iran's terms for ending the Middle East war "totally unacceptable," rai...
{"jamaica-observer":"Jamaica Observer"}
Flow urges Caribbean focus on fair digital contribution from global tech giants
Latest News, News
Flow urges Caribbean focus on fair digital contribution from global tech giants
May 10, 2026
KINGSTON, Jamaica — As demand for streaming, social media, cloud services and digital content continues to rise across the region, Flow is encouraging...
{"jamaica-observer":"Jamaica Observer"}
Brilliant ‘Bunny’ nets late brace to sink Chelsea, send Man City to FA Cup final
Latest News, Sports
Brilliant ‘Bunny’ nets late brace to sink Chelsea, send Man City to FA Cup final
May 10, 2026
Khadija “Bunny” Shaw scored a late brace to clinch a dramatic come-from-behind 3-2 win for Manchester City against Chelsea in the Women’s FA Cup semif...
{"jamaica-observer":"Jamaica Observer"}
Applications open for Mini Miss Kingston & St Andrew Heritage Queen Pageant 2026
Latest News, News
Applications open for Mini Miss Kingston & St Andrew Heritage Queen Pageant 2026
May 10, 2026
KINGSTON, Jamaica — The search is officially on for talented, confident, and culturally aware young ladies to participate in the highly anticipated Mi...
{"jamaica-observer":"Jamaica Observer"}
Emanuel Stain hoping for a breakthrough at age 52
Entertainment, Latest News
Emanuel Stain hoping for a breakthrough at age 52
BY KEVIN JACKSON Observer Writer 
May 10, 2026
KINGSTON, Jamaica — Cognisant of the fact that popular music is mostly youth and image driven, 52- year-old Emanuel Stain is optimistic that at his ag...
{"jamaica-observer":"Jamaica Observer"}
NaRRA to dismantle bureaucratic bungling, says Duncan
Latest News, News
NaRRA to dismantle bureaucratic bungling, says Duncan
May 10, 2026
KINGSTON, Jamaica — Government Senator Keith Duncan has pushed back strongly at talk that too much power is being concentrated in the National Reconst...
{"jamaica-observer":"Jamaica Observer"}
Arsenal survive VAR drama to move closer to title with dramatic win at West Ham
Latest News, Sports
Arsenal survive VAR drama to move closer to title with dramatic win at West Ham
May 10, 2026
LONDON, United Kingdom (AFP) -- Arsenal moved closer to the Premier League title in controversial fashion as a hugely contentious decision to disallow...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct