Last updated on November 11, 2025.
Paid Time Off (PTO) in Guam
Vacation Quota (Annual Leave)
Not required by law.
An employer in Guam is not required by law to offer paid vacation to its employees. Despite this, most employers provide vacation leave.
If a private employer decides to offer paid vacation leave, they must define the terms of this benefit in the employment contract, company handbook, or a written policy. Because once offered, the employer is legally obligated to honor the terms they have established.
Accrual and Carryover
If an employer has a PTO policy in place, it determines how employees earn, use, and carry over their leave. Although this cap doesn’t apply to the private sector by law, many private employers follow the government’s standard limit of 320 hours for accumulated leave.
Payment of Unused PTO on Termination
The payout for unused vacation leave time when an employee leaves the company—whether through resignation or termination—is generally governed by the organization’s internal policy. However, most private employers compensate employees for any unused, accrued PTO when their employment ends, whether through resignation or termination.
Sick Leave in Guam
Paid Sick Leave
Not required by law.
Guam leave laws do not mandate paid sick leave, although many employers voluntarily offer it as part of their employee benefits packages. Same as for vacation leave, if a private employer offers paid sick leave, the accrual, usage, and payout terms are defined by the company’s own policy or employment contract. Once established, the employer is legally required to comply with those terms.
Many private employers in Guam follow the government’s example, giving employees four hours of sick leave for every two-week pay period—equivalent to roughly 13 days annually.
Guam Family and Medical Leave Act (GFMLA)
12 weeks of unpaid leave under FMLA a federal law that applies to Guam as a U.S. territory.
All private employers with 20+ employees (or 25+ employees, depending on the specific statute) are covered. Employers with less than 25 employees in Guam are not required to grant sick leave to their employees.
To be qualified, employees and workers must have at least 12 months of employment with their current employer and at least 1,000 hours of service in the preceding 12 months.
Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for:
- the employee’s own serious health condition;
- to care for a spouse, child, or parent with a serious health condition;
- birth of a child;
- placement of a child for adoption or foster care;
- a family member’s death.
Guam’s Family and Medical Leave Act (GFMLA) follows the federal FMLA framework but includes local modifications, such as provisions for bereavement leave under specific territorial laws.
Leave for Victims of Domestic Violence, Sexual Assault, or Stalking
Employers must allow reasonable leave, paid or unpaid, for employees to attend court proceedings, seek medical care for themselves or close family members, or access services related to domestic violence, sexual assault, or stalking.
Maternity and Paternity Leave
Maternity and paternity leave in Guam are under Family and Medical Leave Act (FMLA), in addition to 20 days of paid leave covered by local law.
Under the FMLA, employees may take leave for the birth of a child or for the placement of a child through adoption or foster care.
Family and Medical Act – FMLA
Up to 12 weeks for both maternity and paternity leave.
Employers that are covered are those with 20 or more employees. Employers with fewer than 20 employees may deny by law such leave requests.
Eligibility: Employees with more than 12 months of service with the employer and who have at least 1000 hours of service with the employer during the previous 12 months.
Duration: Employees may take up to 12 weeks of Family and Medical Leave within a 12-month period.
Local Law
20 days of paid leave
Maternity Leave
In addition to FMLA, female employees in permanent positions are entitled to 20 days of maternity leave for childbirth or when adopting a child aged five or younger.
Paternity Leave
In addition to FMLA, male employees in permanent positions are entitled to 20 days of paternity leave when becoming fathers or when adopting a child aged five or younger.
Bereavement Leave in Guam
Up to 14 days
Employees in Guam are entitled to up to 14 days of bereavement leave under the FMLA upon the death of a close family member. ‘Close family member’ means spouse, parent, child, sibling, or a person within one degree of affinity or consanguinity.
Jury Duty Leave in Guam
Paid leave
Employers are required to provide paid leave when an employee is called for jury duty or other court-related service. They are also prohibited from firing, threatening, or pressuring an employee to fulfill their jury obligations.
Military Leave in Guam
Government Employees
15 days of paid leave
All Guam government employees who serve in any U.S. military reserve component: Army, Navy, Marine Corps, Air Force, National Guard, or Coast Guard—are entitled to take leave for any authorised period of active duty. This military leave does not count against their work time and does not affect their performance or efficiency ratings.
These employees are given up to 15 working days of paid military leave per government fiscal year. Any unused portion can roll over to the next year, but the total available at the start of a fiscal year may not exceed 15 days. Once those paid days are used up, employees must use vacation leave, compensatory time, or take unpaid leave for any additional military duty.
Private-Sector Employees
Unpaid leave
Private-sector employees in Guam: military leave rights are governed by the federal USERRA law, which protects their jobs during military service. While Guam law grants paid military leave to government employees, it does not require private sector employers to provide paid time off for their employees’ military duty.
Therefore, employers are federally mandated by the Uniformed Services Employment and Reemployment Rights Act (USERRA) to provide a leave of absence for military service, but they are not required to pay employees during this time.
Reemployment Rights: The core protections revolve around the right to reemployment in their civilian job without discrimination after military service, provided specific conditions regarding notice and service duration are met.
Voting Leave in Guam
2 hours of paid leave
Every eligible voter may take up to 2 paid consecutive hours off from work on Election Day, anytime between the opening and closing of the polls, to ensure they have enough time to vote. This applies to both public and private sector employees.
Employees should obtain proof of voting from the Guam Election Commission to present to their employer, to prove the time they were away from work.
A voter cannot be penalized, have their pay reduced, or be suspended or fired for taking this allowed time off to vote. Employers who refuse to grant the required 2 hours of voting leave or who punish employees for using it may face fines.
Public Holidays in Guam
Guam observes all U.S. federal holidays along with 4 additional holidays: Guam History and Chamorro Heritage Day, Liberation Day, All Souls’ Day and Lady of Camarin Day.
| Date | Holiday |
|---|---|
| January 1 | New Year’s Day |
| March 7 | Guam History and Chamorro Heritage Day |
| Last Monday in May | Memorial Day |
| July 4 | Independence Day |
| July 21 | Liberation Day |
| 1st Monday in September | Labor Day |
| November 2 | All Souls’ Day |
| November 11 | Veterans Day |
| 4th Thursday in November | Thanksgiving Day |
| December 8 | Santa Marian Kamalen Day |
| December 25 | Christmas Day |
Sources
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BUSINESS REGULATIONS, CHAPTER 3: FAIR LABOR STANDARDS, https://dol.guam.gov/wp-content/uploads/22-GCA-Ch3-Fair-Labor-Standards.pdf
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LABOR RELATIONS; DIV. 1: DEPARTMENT OF LABOR, Article 34: Pregnant Workers Fairness, https://dol.guam.gov/wp-content/uploads/Pregnant-Workers-Fairness-Act-Final-Draft-GARR-11-09-23.pdf
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Government of Guam: Department of Labor - Home Page, https://dol.guam.gov/
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Local Laws & Regulations of Guam, https://www.atlashxm.com/countries/guam
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GUAM FAMILY AND MEDICAL LEAVE ACT, https://dol.guam.gov/wp-content/uploads/GDOL-FMLA-Poster.pdf
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Official Statute on Voting Leave, https://hr.doa.guam.gov/wp-hr-content/uploads/2022/11/DOA-Cir-2023-007-Admin-Leave-to-Vote-or-to-Serve-as-Precinct-Board-Member-General-Election-110122.pdf
To learn more about laws in various countries, check out our Leave Laws page.
This material is for general informational purposes only and does not constitute legal advice. For current and accurate guidance, please consult legal counsel in your jurisdiction.