Are You Supposed to Get Paid Leave?

If, according to your employment contract, you are entitled to paid sick leave and/or vacation leave and your employer refuses to pay your leave, that may be grounds for constructive dismissal- which means that you may be entitled to resign and seek compensation. 

For certain jobs, the law states that you are entitled to paid sick leave and vacation leave, regardless of whether you have an employment contract that says so. 

Some of these jobs include: 

1. Catering/Restaurant Jobs 

2. Retail Shops/Stores 

3. Household Assistants 

(If you do not work in one of these industries then your employer can decide what, if any, paid leave you are entitled to.) 

If you work in one of these industries, at an hourly rate between $20.50 to $30.75, and you have been continuously employed for 6 months, you are entitled to 14 days sick leave per year; and if you have been continuously employed for 12 months and during that 12 month period you worked a minimum of 220 days, you are entitled to 2 weeks paid vacation leave per year . 

If your employer refuses to give you this paid leave, that would be a breach of the law and it may also be grounds for constructive dismissal.

Here’s what you can do if you are in this situation:

Raise the issue. Write to your employer and state that you have not been receiving the paid leave that you are entitled to. 

Request a fix. Ask that your employer start giving you the paid leave that you are entitled to, and that he compensate you for the previous days that you should have received paid leave. 

State the consequence. Inform your employer that if he does not start providing your paid leave, and if he does not compensate you for the previous paid leave that he was supposed to give you, then you may have no choice but to resign on the basis of constructive dismissal. 

(Additionally, you can report the matter to the Ministry of Labour, and they may investigate to determine if your employer was unlawfully denying your paid leave.) 

You should always seek advice before resigning your job in such a situation. 

If you are entitled to paid leave, whether based on your contract or the law, your employer is supposed to pay it accordingly. 

If your employer fails to do so, you may be entitled to resign and seek compensation. And you may also be entitled to receive back pay for the unpaid leave that your employer was supposed to pay you.