Holidays with Pay Act

Link to law: http://www.moj.gov.jm/laws/holidays-pay-act-0

HOLIDAYS WITH PAY

THE HOLIDAYS WITH PAY ACT

ORDER
(under section 3)

(Made by rhe Minister on the 22nd day of May, 1973) L.N. 1x9173
st June, 1973.1 t.'Ed:m,x

5 4 ~ 1 9 1

1. This Order may be cited as the Holidays with Pay Order. 1973. CiLdon.

2.-(1) In this Order unless the context otherwise requires- Interprc- cation.
"normal wages" means in relation to any worker, the remuneration

regularly paid to him by his employer as wages or commission.
and includes any amounts regularly so paid by way of bonus
as part of such remuneration but does not include-

(a) any overtime wages; or

(b) any premium or special allowance paid-

(i) in consideration of the times at which, or the condi-
tions subject to which, or the circumstances in
which, he works in the course of the performance
of his duties; or

(ii) in consideration of any inconvenience suffered or
likely to be suffered by him in the course of the
performance of his duties;

"normal working w e e k means the number of days in a week on
which the worker in relation to whom that expression is used
is normally required to work for the employer by whom a
holiday with pay or sick leave with pay is granted under this
Order;

"public general holiday" has the meaning assigned to that expres-
sion by the Holidays (Public General) Act;

"qualifying year" means, in relation to the employment of any
worker to the person who for the time being is his employer.
a period of twelve months commencing, in the case of the
first qualifying year-

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THE HOLIDAYS WITH PAY ORDER, I973

(a) on the 1st day of January, 1973, if such employment
was in existence on that date; or

(b) on the first day of such employment if that day is later
than the 1st day of January. 1973.

and in the case of the second and subsequent qualifying years,
on the date immediately following the preceding qualifying
year;

"worker" means any person who has entered into or works under
a contract with an employer, whether the contract be by way
of manual labour, clerical work or otherwise, be express or
implied, oral or in writing and whether it be a contract of
service or of apprenticeship or a contract personally to execute
any work or labour, but does not i nc lude

(a) any person employed by the Government; or

(b) any person employed in the service of the Kingston and
St. Andrew Corporation Council or of any Parish Council;
or

(c) a director of any company who is employed by that
company.

(2) For the purposes of this Order a worker shall be deemed-

(a) to have worked, on any day of holiday with pay granted to
him under this Order, for the employer by whom such holiday
was granted;

(b) to have worked for his employer on any day of sick leave with
pay granted under this Order if that employer would, but for
the fact that he was granted sick leave, normally have required
him so to work;

(c) to have worked for his employer on any day on which that
employer would, but for the fact that such day was Good
Friday or Christmas Day or a public general holiday, normally
have required him so to work;

(6) to have worked for a full day whenever he is required to work
for a part of any day.

Holiday
with pay.

3.41) Any worker, other than a casual worker, who works for any
employer on not less than 110 days in any qualifying year shall be
granted a holiday with pay by that employer in respect of that qualify-
ing year.

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THE HOLlDAYS WITH PAY ORDER, 1973

(2) The duration of such holiday with pay shall be determined Schedule.
in accordance with the Schedule.

4.-41) The holiday with pay which any worker has earned in any When and
how holi- qualifying year under paragraph 3- day with
pay is to be

(a) shall be granted by his employer during the next succeeding granted.
qualifying year; or

(b) may, by agreement between him and his employer, be granted
during that qualifying year; or

(c) may be carried forward and added to any holiday with pay
which he may earn in the first two succeeding qualifying years
if there is provision for accumulation of holiday with pay for
not more than three consecutive years in an agreement sub-
sisting between him, or a trade union representing him, and
his employer or an organization representing his employer.

(2) Subject to the provisions of sub-paragraph (3) the days of a
holiday with pay which is granted under this Order shall be consecutive
working days, being days on which the worker to whom such holiday
with pay is granted would normally be called upon to work for the
employer by whom such holiday with pay is granted.

(3) The holiday with pay which any worker has earned in any
qualifying year under this Order may be granted in two periods of
consecutive working days.

(4) Sunday, Good Friday, Christmas Day and a public general
holiday shall not be reckoned in any holiday with pay granted under
this Order and the days of such holiday shall be treated as consecutive
notwithstanding that Sunday, Good Friday, Christmas Day oc a pubKc
general holiday intervenes.

(5) A holiday with pay shall not be granted to any worker during
a period of notice given by his employer to terminate his employment.

5.-(1) The minimum holiday remuneration payable to a worker r ; " d i y m
employed at time rates shall- rernuner-

ation.

(a) in respect of each week of his holiday with pay, be the
normal wages earned by him in respect of the last normal
working week, prior to the commencement of such holiday.
during which he worked for the employer by whom such holi-
day is granted; or

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THE HOLIDAYS WITH PAY ORDER, 1973

(b) in respect of each day of his holiday with pay, be the normal
wages earned by him in respect of the last normal working
week referred to in sub-paragraph (a) divided by the number
of working days constituting such normal working week.

(2) The minimum holiday remuneration payable to a worker
employed at piece or task rates or on a commission basis shall, in
respect of each day of his holiday with pay, be 1/65 of the total normal
wages earned by him in respect of the last 13 weeks (which need not
be consecutive but in each of which he worked for the employer by
whom such holiday is granted) prior to the commencement of such
holiday.

(3) Any worker to whom a holiday with pay is granted under this
Order shall be paid by his employer, before the commencement of such
holiday, the holiday remuneration payable to such worker in respect
of the whole period of the holiday so granted.

Gratuity 6.-(1) Any worker who is employed as a casual worker shall, at or
to casual
worker. before the end of each qualifying year, be paid a gratuity by any

employer by whom he is so employed if during that qualifying year-

(a) he has worked for not less than 110 days for his employer; or

(b) where the number of days of work cannot be ascertained, he
has earned, as normal wages from his employer, a sum equiva-
lent to 110 times the established daily rate for the category of
work performed by him in an area where there was such
established daily rate; or

(c) where the number of days of work cannot be ascertained and
there is no such established daily rate, his name has appeared
on the paybills of his employer for not less than twenty weeks.

(2) The minimum gratuity payable to a casual worker under
this paragraph shall be 3 per cent of the total wages earned by him
during the year in respect of which, and in the service of the employer
by whom, such gratuity is payable.

Holiday 7.-41) Upon termination of the employment of any worker his
remuner-
a ~ o n and employer shall-
gratuity
on termin-
ation of (a) where that worker earned any holiday with pay which was not
cmploy- I mcnt. granted befare such termination, pay him a sum equal to the

holiday remuneration which would have been payable to him if
I

all such holiday were then being granted; or

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THE HOLIDAYS WITH PAY ORDER, I973

(b) pay him any gratuity which he earned and did not receive
before such termination.

(2) Where the employment of any worker is terminated not more
than two weeks before the transfer of the undertaking in which he was
employed at the time of such termination, any sum which is payable to

\ him under sub-paragraph (1) shall, unless it is paid to him before such
transfer, be paid by the person to whom the undertaking is transferred.

&--(I) Any worker, other than a casual worker, who becomes ill sick leave
w ~ t h pay.

during the first twelve months of his employment shall, if he has worked
for his employer on not less than 110 days be entitled to be granted,
during those twelve months, sick leave with pay of a duration of 1 day
for every 22 days on which he so worked.

(2) Any wmker, other than a casual worker, who becomes ill
after the first twelve months of his employment shall be entitled to be
granted, in each period of twelve months after the first, sick leave with
pay of a duration of 2 normal working weeks.

(3) Notwithstanding the provisions of sub-paragraphs (1) and (2)
a worker shall not be entitled to be granted sick leave with pay under
this Order for any period of illness-

(a) in respect of which he is entitled to be paid sick benefit or
employment injury benefit under the National Insurance Act
or compensation under the Workmen's Compensation Act; or

(b) in respect of which-

(i) he fails to satisfy any condition relating to the granting
of sick leave with pay contained in an agreement of the
kind described in sub-paragraph (6);

(ii) where there is no condition of the kind referred to in
sub-paragraph (i), he fails to notify his employer of
his illness during the first working day after its oc-
currence and, if the period exceeds three days, to
furnish his employer with a certificate from a registered
medical practitioner stating that he is ill and specifying
the period during which he will, by reason of such
illness, be unable to perform his duties.

(4) The minimum remuneration payable during any period of
sick leave with pay granted to a worker under this paragraph shall be

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THE HOLIDAYS WITH PAY ORDER, 1973

the amount which would have been payable to him as holiday remunera-
tion under paragraph 5 if such period of sick leave with pay had been
a period of holiday with pay.

(5) For the purposes of this paragraph any fraction of a day
which is obtained by dividing a number of days of work by 22 shall be
reckoned as 1 day.

(6) The agreement referred to in sub-paragraph (3) is an agree-
ment-

(a) between the worker to whom that sub-paragraph refers, or a
trade union representing him, and his employer or an organiza-
tion representing his employer; and

(b) containing provisions for sick leave with pay or sick benefit
which are, in a general way, more favourable to the worker
than those contained in this Order.

Sick
benefit to

9.-(1) Subject to the provisions of sub-paragraph (3) any workex
casual
workers.

who is employed as a casual worker shall, if during the first qualifying
year he becomes ill-

(a) after he has worked for not less than 110 days for his em-
ployer; or

(b) where the number of days of work cannot be ascertained,
after he has earned, as normal wages from his employer, a
sum equivalent to 110 times the established daily rate for
the category of work performed by him in an area where there
was such established daily rate: m

(c) where the number of days of work cannot be ascertained and
there is no such established daily rate, after his name has
appeared on the paybills of his employer for not less than
twenty weeks,

be entitled to be paid by his employer sick benefit for the period of
such illness or for the first 10 days thereof if the total period of his
illness during that qualifying year exceeds 10 days.

(2) Subject to the provisions of sub-paragraph (3) any worker
who is employed as a casual worker shall, if he becomes ill during the
second or any subsequent qualifying year, be entitled to be paid by
his employer sick benefit for the peaiod of such illness or for the first
10 days thereof if the total period of his illness during that qualifying
year exceeds 10 days.

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THE HOLIDAYS WITH PAY ORDER, 1973

(3) The provisions of sub-paragraph (3) of paragraph 8 shall
apply in relation to the payment of sick benefit to a casual worker
as they apply in relation to the grant of sick leave with pay to any
othm worker.

(4) The minimum sick benefit payable to a casual worker in
respect of each day of any illness shall be 1/10 of 3 per cent of his
earnings, in the employment of the employer by whom such sick
benefit is payable, during the period-

(a) from the commencement of the qualifying year in which such
illness occurs to the date immediately preceding such illness,
in the case of the first illness for which he is entitled to receive
sick benefit during that qualifying year; or

(b) from the resumption of employment after the last illness to the
date immediately preceding such illness, in the case of the
second or any subsequent illness for which he is entitled to
receive sick benefit during that qualifying year.

10. Where any worker who was employed in any undertaking immed- if=t2-
iately before the transfer thereof from one employer to another t a m .
continues to be employed in that undertaking immediately after such
transfer, the period of employment of such worker in that undertaking
shall, for the purposes of this Order, be treated as being unbroken by
such transfer and the employer to whom that undertaking is transferred
shall be liable for the granting of any holiday with pay or sick leave
with pay, or the payment of any gratuity or sick benefit. earned by
such worker under this Order and not granted or paid before such
bransfer.

11.-41) Every employer shall keep a record showing, as respects Recordto
each worker employed to him- be kept.

(a) the name;

(b) the first day of employment;

(c) the normal wages;

(4 the duration (with dates) of any holiday with pay and sick
leave with pay granted;

(e) the remuneration paid during the periods of such holiday
with pay and sick leave with pay;

(f) the amount of gratuity and sick benefit paid (if any).

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THE HOLIDAYS WITH PAY ORDER, 1973

(2) The particulars at sub-paragraph 1 (d) shall include any
holiday with pay and sick leave with pay earned under the Holidays
with Pay Order, 1970, now revoked, and not granted before the 1st day

L.N. 162170 of June, 1973.

Saving. 12. Nothing in this Order shall be construed as preventing any
worker from being-

(a) granted holidays with pay or sick leave with pay of longer
duration than that of the holidays with pay or sick leave with
pay, as the case may be, to which he is entitled under this
Order; or

(b) paid in respect of any holiday with pay or sick leave with pay
which he is granted under this Order, remuneration which is
more than the minimum remuneration payable under this
Order in respect of such holiday or sick leave; or

(c) .paid any gratuity or sick benefit which is mare than the
minimum gratuity or sick benefit to which he is entitled under
this Order.

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THE HOLIDAYS WITH PAY ORDER, 1973

SCHEDULE (Paragraph 3 (2) )

More than 220 days, in each quali-
fying year, for worker with 10 3 normal working weeks.

No. of days on &ioh worker
worked during qualifying

~ear ( s )

years service or more I

Duration of holiday with pay

More than 220 days 1 2 normal working weeks.

-
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2e0 days or less, but not less than
110 days

1/22 of the number of days of
work, so however, that any frac-
tion of a day of holiday shall be
reckoned ar 1 day.
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