Guam Leave Laws
- 1st January – New Year’s Day
- 18th January – Martin Luther King Jr. Day (3rd Monday in January)
- 1st March – History and Chamorro Heritage Day
- 31st May – Memorial Day (Last Monday in May)
- 5th July – Independence Day
- 21st July – Guam Liberation Day
- 6th September – Labor Day (1st Monday in September)
- 2nd November – All Souls’ Day
- 11th November – Veterans Day
- 25th December – Thanksgiving (4th Thursday in November)
- 8th December – Santa Marian Kamalen Day
- 24th December – Christmas Day
- 25th December – Christmas Day Holiday
Vacation/Annual Paid Leave
Employees entitled to annual leave may accumulate up to 320 hours. Any annual leave earned by eligible employees over 320 hours shall be credited to such employee’s accumulated sick leave, provided that no more than 100 hours are credited to sick leave at the end of each fiscal year.
Those employees who have accumulated annual leave over 320 hours, may carry over their excess annual leave, before retirement or termination of service.
PTO payout at the termination
At the time of retirement or termination of service, that portion permitted to be credited to sick leave shall be so credited and the remaining excess annual leave shall be lost. Lump-sum compensation or retirement credit for annual leave shall be at 320 hours.
Maternity Leave and Paternity Leave (Under Family and Medical Leave Act -FMLA)
Family and Medical Act – FMLA
Eligible employees are those with more than 12 months of service with the employer, and who have at least one thousand hours of service with the employer during the previous 12-month period. Employees are entitled to take up to a total of 12 workweeks in any 12 months for Family Care and Medical leave.
Employers with less than 20 employees are entitled to refuse to grant family care and medical leave to the employees.
An employee may elect, or an employer may require the employee to substitute for leaves, any of the employee’s accrued vacation leave or other accrued time off during the period of employment, or any other paid or unpaid time off negotiated with the employer.
Under the FMLA, employees are entitled to take the leave for reason of the birth of a child, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.
Employees are not entitled to use sick leave during the period of leave in connection with the birth, adoption, or foster care of a child unless mutually agreed upon by the employer and the employee.
Twenty (20) days of maternity leave is granted to a female employee occupying a permanent position who is absent from work because of childbirth or adoption of a child(ren) five (5) years old or younger. Any additional leave taken for such childbirth or adoption purpose may be charged against accumulated sick leave or may be unpaid leave, at the option of the employee. Total leave, sick or unpaid leave shall not exceed six (6) months without supervisory approval.
Twenty (20) days of paternity leave is granted to a male employee occupying a permanent position who is absent from work because of childbirth or adoption of a child(ren) five (5) years old or younger. Any additional leave taken for such childbirth or adoption purpose may be charged against accumulated sick leave or may be unpaid leave, at the option of the employee. Total leave, sick or unpaid leave shall not exceed six (6) months without supervisory approval.
Sick Leave, Leave to Care for Child, Spouse or Parent (Under FMLA), Leave for Victims of Domestic violence, Sexual Assault, or Stalking
Employees occupying permanent positions shall accrue sick leave at the rate of one-half day (4 hours) for each bi-weekly pay period in which they are in pay status for the entire (10) days.
An employer may require that employee’s request for leave be supported by a certification issued by his or her health care provider.
Leave to Care for Child, Spouse or Parent (Under FMLA)
Employees are entitled to take leave to care for a parent, spouse, or child; or to care for a parent or child of the spouse of the employee, who has a serious health condition.
An employer may require that an employee’s request for leave be supported by a certification issued by the health care provider of the individual requiring care.
Leave for victims of Domestic violence, Sexual Assault, or Stalking
An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to prepare for and attend court proceedings related to domestic violence, sexual assault, or stalking.
Employees are entitled to receive medical treatment or attend to medical treatment for a victim who is the employee’s daughter, son, parent, or spouse during the leave.
Employees are entitled to obtain necessary service to remedy a crisis caused by domestic violence, sexual assault, or stalking while on leave.
Jury Duty Leave and Voting Leave (Leave due to Public Interest)
Jury Duty Leave
It is unlawful for any employer to discharge, threaten to discharge, intimidate, or coerce any employee for attending scheduled jury service.
Guam law allows public and private sector employees up to 2 consecutive hours of leave to vote. This law applies to the curbside and in-office absentee voting at the Guam Election Commission as well as voting on election day.
Employees are reminded to get evidence from the Guam Election Commission that they voted during the hours of their absence to provide to their employer. Employers found denying their employees two (2) hours of leave to vote or penalizing employees for taking leave to vote may be subject to a fine.
Employees are entitled to bereavement leave under the FMLA, for each family member. All bereavement leave that is taken within 12 months should not exceed 14 calendar days.
Each period of bereavement leave should not be taken later than 60 calendar days from the date the employee learns of a family member’s death.
All employees of the government of Guam who are members of the reserve components of the Department of Defense or Transportation, including, but not limited to, the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, the Army National Guard, the Air National Guard, and the United States Coast Guard, shall be entitled to leaves of absence from their respective duties with the government of Guam without losses of time or efficiency ratings on all days during which they are engaged in active military duty ordered or authorized under the laws of United States.
Such employees shall be entitled to military leave with pay while performing such duty not to exceed fifteen (15) working days per government of Guam fiscal year, and, to the extent not used in a fiscal year, accumulates in the succeeding year until it totals fifteen (15) days at the beginning of a fiscal year. Thereafter, the officers and employees shall elect annual leave, compensatory-time accrued, or leave without pay.
Please consult your local legal counsel to learn more about Guam Leave Laws.
To learn more about laws in various countries, check out our Leave Laws page.