Section 27: Annual leave

27. Annual leave (1) Subject to subsection (7), every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while he remains in continuous employment, to 20 working days’ annual leave or such similar leave under any other name. (2) Notwithstanding subsection (1), every worker shall be entitled to 2 days’ leave in every year, in addition to the leave specified in— (a) subsection (1); (b) any other enactment; (c) any agreement; (d) any collective agreement; or (e) any award following arbitration. (2A) Every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 6 consecutive months and who has been present on all the working days during that period, shall be entitled during each subsequent month up to the twelfth month, while he remains in continuous employment with the same employer, to one day’s annual leave up to a maximum of 6 days’ annual leave. (3) Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled, during each subsequent period of 12 months, to the number of days of annual leave on full pay computed in accordance with the following formula— N/W × Y where “N” means the number of days of work he is required to perform in a week, “W” means the number of working days in a week of a comparable full-time worker and “Y” means the number of days of annual leave to which a worker is entitled under subsection (1) or under any Remuneration Regulations, as the case may be. (4) Where an employer and a worker are unable to agree as to when the leave under this section is to be taken, half of the leave period shall be fixed by the employer and the other half by the worker. (5) Where a worker has not taken or been granted all the leave to which he is entitled under this section, he shall be paid a normal day’s wage in respect of each day’s leave still due at the end of the period of 12 consecutive months. (6) Any agreement by a worker to relinquish his annual leave entitlement under this section shall be null and void. E9B – 17 [Issue 5] Employment Rights Act (7) This section shall be subject to any collective agreement or award, or any other enactment. [S. 27 amended by s. 11 of Act 6 of 2013 w.e.f. 11 June 2013.]