Fiji Leave Laws
- 1st January – New Year’s Day
- 2nd April – Good Friday
- 3rd April – Easter Saturday
- 5th April – Easter Monday
- 7th September – Constitution Day
- 10th October – Fiji Day
- 18th October – Prophet Mohammad’s Birthday
- 4th November – Diwali (The Festival of Lights)
- 25th December – Christmas Day
- 27th December – Christmas Holiday
- 28th December – Boxing Day
After each year of employment with an employer, an employee must be given 10 working days holiday and must be paid in respect of such holiday the wages the employee would have been paid for the time the employee would normally have worked during that period.
An employee is not entitled to the paid annual holiday in respect of any year during which the employee attended work if the employee has been absent from work for more than 20 normal working days during that year, except where the absence has been due to sickness certified by a medical practitioner, or the employee is excused from work by the employer or is prevented from attending work by any other cause acceptable to the employer.
If an employee is entitled to a paid annual holiday under this section, the employer must permit the employee to take the annual holiday in one unbroken period or, at the request of the employee, in two or more periods, one of which must be a continuous period of one week.
- Use-it-or-lose-it policy
The annual leave must be taken not later than six months after the completion of the year in which it was earned.
- PTO payout at the termination
If the employment is terminated before the leave has been taken, the employer shall pay the employee a sum equal to not less than five-sixths of a day’s wages for each completed month in the period.
Maternity Leave, Paternity Leave, Parental Leave
Female employees are entitled to up to 84 days of maternity leave. Maternity leave can be taken 42 days before and 42 days after the delivery. Employees are also entitled to a daily maternity allowance of F$5.00 for the duration of the leave period, subject to the woman having being employed in the nine months prior to confinement for a period, or periods, amounting to a total of not less than 150 days.
A woman on maternity leave may not be dismissed, but if her absence exceeds a total of three months, her employer could dismiss her.
A male employee is entitled to 5 days of paid paternity leave if his partner (spouse or de facto partner) is entitled to maternity leave or would have been entitled to such leave if she were employed. An employee is entitled to paternity leave subject to the below conditions:
- The employee has completed more than 3 months of continuous service with the same employer;
- The employee is or is to be a primary caregiver for his child; and
- The employee provides a medical certificate specifying the expected date of the birth of his child.
The paternity leave can be availed at any time during the 3 months period before and after the birth of the child. The leave can be taken either in a lump sum or in shorter periods, as may be agreed between the employer and employee but the total amount of leave-in aggregate shall not be less than 5 days.
Sick Leave, Paid Sick Leave, and Family Care Leave
An employee who has been in continuous employment with the same employer for a period of more than 3 months is entitled to 10 working days of paid leave for each year of service.
Family Care Leave
Where an employee has completed more than 3 months of continuous service with the same employer and wishes to provide care or support to a member of the employee’s immediate family or a member of the employee’s household, the employee is entitled to paid family care leave of not less than 5 working days during each year of service.
Family care leave entitlement must not be accumulated and unused family care leave for each year automatically lapses in the next year.
For an employee to be entitled to family care leave, the employee must, as soon as reasonably practicable, notify his or her employer.
Jury Duty Leave and Voting Leave (Leave due to Public Interest)
Not specified by law.
An employee who has been in continuous employment with the same employer for a period of more than 3 months is entitled to paid leave for a duration of 3 days in addition to any other leave entitlement. The leave cannot be accumulated and any unused leave shall lapse in the following year.