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WHEN CAN I GET SICK LEAVE AND VACATION LEAVE IN TRINIDAD AND TOBAGO?

15/9/2023

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​In Trinidad and Tobago, the rights of workers are protected under various labour laws, including the Minimum Wage Act Chapter 88:04. This legislation not only addresses the minimum wage but also outlines the minimum entitlements of employees regarding sick leave and vacation leave. Understanding these rights is crucial for both employers and employees to ensure a fair and productive work environment.
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Sick Leave Rights

Sick leave is a crucial aspect of employee rights in Trinidad and Tobago, as it safeguards employees' well-being when they are facing health issues. The Minimum Wage Act Chapter 88:04 provides certain provisions related to sick leave:

  1. Qualifying Period: Employees must complete at least six (6) months of continuous employment with their current employer to be eligible for sick leave. This means that new employees may not have immediate access to sick leave.

  2. Medical Certificate: The employee must also produce a medical certificate in respect of any period of illness in excess of two (2) days. This certificate usually specifies the nature of the illness and the expected duration of the illness.

  3. Sick Leave Entitlement: Once eligible, an employee is entitled to fourteen (14) working days of sick leave per year.

  4. Payment for sick leave: Payment for sick leave amounts to the difference between a worker's pay and his entitlement to sickness benefit under the National Insurance Act.
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Vacation Leave Rights
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Vacation leave is another essential aspect of employee rights that allows workers to take a break from work to relax and rejuvenate. Under the Minimum Wage Act Chapter 88:04, provides the following for vacation leave:

  1. Qualifying Period: Employees must complete at least one year of continuous employment with their current employer subject to having worked a minimum of 220 days within that period to become eligible for vacation leave.

  2. Vacation Leave Entitlement: Upon becoming eligible, employees are entitled to fourteen (14) days of paid vacation leave per year. 

    Where a public holiday falls within the period of vacation leave of a worker he shall be granted one additional day's leave with pay for such public holiday.

    Where a worker becomes sick during his period of vacation leave, then subject to the number of sick leave days he has left, he shall be granted one additional day's leave with pay for every such day of sick leave once the sick leave is certified by a medical practitioner. 

  3. Vacation Pay: During the vacation period, employees are generally entitled to their regular wages. In the case of a part-time worker pay shall be calculated on the basis of the average remuneration for the preceding three months or the pay immediately preceding vacation leave, whichever is the higher rate.

Understanding your rights regarding sick leave and vacation leave under the Minimum Wage Act Chapter 88:04 in Trinidad and Tobago is essential for both employers and employees. These provisions aim to strike a balance between work and personal well-being, ensuring that employees can take care of their health and enjoy a well-deserved break from work.

Employers must adhere to these regulations to provide a fair and supportive work environment, while employees should be aware of their entitlements to make the most of their sick leave and vacation leave benefits. By working together within the framework of the law, Trinidad and Tobago can continue to promote fair labour practices and protect the rights of its workforce.
Important Notice: This post does not constitute legal advice. Always consult with an attorney on any legal problem or issue.

​This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago.

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10 Comments
INDRA JAGROOP
20/9/2023 03:04:50 pm

IS THIS LAW FOR PRIVATE OR PUBLIC SECTORS

Reply
LAW FOR ALL link
20/9/2023 03:12:49 pm

Private and public sectors.

Reply
Rajish
21/12/2023 06:33:26 pm

Could sick leave be deducted from holiday money

Jason Young
24/10/2023 08:12:26 pm

Good day . I work in a health instution and we've been given the liberty of making our own off duty roster so long as each worker covers 40 hours a week or 8 hours per working day (23 working days) on an average 31 day month .
A roster was drafted to work 12 hour shifts where workers were able to utilize their work and personal time more efficiently. However this causes a concern to arise. If a worker were to take a sick day on a 12 hour shift, how does it work? Would the sick leave cover the entire 12 hours or just 8 hours?

Reply
ANGIE
7/11/2023 02:09:32 pm

Good Day
I'm working for an organization as an Admin Assistant, for 5 years now. Since then every year I'm taking my vacation money (but not leave vacation 14 days) to do personal stuff. I have been working for this organization nonstop for all of these years. Because of the fact that I haven't taken my 14 days leave since then, my health has been affected (body burnout). So I requested for next year March 2023 my vacation leave, and my supervisor said he is not sure if I could take it, because there will be a lot of work to do.
My health has been affected because of stress and burned-out and my Dr. advised me I need to do other health test before I got a breakdown. My question is, Am I entitle to take my vacations leave, since there is a health condition I should attend? If my supervisor refuses to approved my vacation leave, what should I do? or Do my supervisor has the right to approved my vacation leave when ever he like?

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Amanda Weeks
13/12/2023 09:19:07 pm

I am working for a company in the private sector for the past 4 years going on five and im only entitle for 6 days vacation and 6 days sick leave, can someone please advise me if this is right, because when i asked they said that in the private sector is different

Reply
Javid Khan
17/1/2024 11:11:53 am

Good Day,

If working in a Hardware which is 6 days a week, you get 14 days sick days, but how many days vacation are you entitled to ? Is it 12 days or 14 days vacation ?

Reply
Murice
6/3/2024 09:40:23 pm

is sick leave really an entitlement or something afforded to you if and only if you are ill ? Can you be dismissed if found to be not be ill?

Reply
Scott
31/5/2024 05:44:35 pm

Hi I have been working at a private company for the past 23 months and not given no holidays and is getting a lot of run around

Reply
Marilyn O'Brien
31/12/2024 01:57:35 pm

A person working 3 days a week is entitled to how many days annual leave ?

Reply



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