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
      • Olympics
      • #
    • Videos
    • 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
      • #
    • Obits
    • 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
      • Olympics
      • #
    • Videos
    • 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
      • #
    • Obits
    • 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
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • 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

Ex-Cambridge professor at centre of plagiarism scandal found dead
International News, Latest News
Ex-Cambridge professor at centre of plagiarism scandal found dead
August 14, 2026
LONDON, United Kingdom (AFP) — Black academic Jason Arday, who resigned from the University of Cambridge last week amid a high-profile plagiarism stor...
{"jamaica-observer":"Jamaica Observer"}
48-hour curfew imposed in sections of St James
Latest News, News
48-hour curfew imposed in sections of St James
August 14, 2026
ST JAMES, Jamaica  —   A 48-hour curfew has been imposed in sections of Pound Road, Springmount, in St James. The curfew began at 6:00 pm on Thursday,...
{"jamaica-observer":"Jamaica Observer"}
Fi We Children condemns violence at Zimi Seh Beach that left two teens injured
Latest News, News
Fi We Children condemns violence at Zimi Seh Beach that left two teens injured
August 14, 2026
Fi We Children Foundation (FWCF) has condemned the altercation at the Zimi Seh Beach party in St Ann that left two teenage boys, ages 15 and 17, injur...
{"jamaica-observer":"Jamaica Observer"}
Haitian PM reiterates elections will take place this year
Latest News, Regional
Haitian PM reiterates elections will take place this year
August 14, 2026
PORT AU PRINCE, Haiti (CMC) —  Haitian Prime Minister Alix Didier Fils-Aimé says the “the elections will take place this year, no matter what” as the ...
{"jamaica-observer":"Jamaica Observer"}
Cardi B to perform in Jamaica at BZR WKND on October 18
Entertainment, Latest News
Cardi B to perform in Jamaica at BZR WKND on October 18
KEVIN JACKSON, Observer writer 
August 14, 2026
Multi-platinum selling rapper Cardi B is set to headline a concert in Jamaica on Sunday, October 18 at the National Stadium. The event, billed Cardi B...
{"jamaica-observer":"Jamaica Observer"}
PNPYO calls for urgent response to teacher ‘migration crisis’
Latest News, News
PNPYO calls for urgent response to teacher ‘migration crisis’
August 14, 2026
KINGSTON, Jamaica — The People’s National Party Youth Organisation (PNPYO) is calling on the Government to implement a comprehensive national teacher-...
{"jamaica-observer":"Jamaica Observer"}
Colombia quake survivor faces life without triplet sisters
International News, Latest News
Colombia quake survivor faces life without triplet sisters
August 14, 2026
CALI, Colombia (AFP) — Colombian earthquake survivor Ana Maria Saavedra is out of physical danger, but for her the hardest part lies ahead: starting a...
{"jamaica-observer":"Jamaica Observer"}
Nicole Landry touts Chakra for healing
Latest News, Lifestyle
Nicole Landry touts Chakra for healing
Howard Campbell 
August 14, 2026
The global popularity of yoga has prompted interest in other meditative exercises such as Chakra, a healing process linked to seven energy centres of ...
{"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