Annual Leave and Holidays

Paid Vacation / Annual Leave

The Employment Act provides for annual leave to all workers on completion of six months of service. The full-time workers are entitled to two days of annual leave/paid holidays for one month of service. The total annual leave is 24 working days per year and is independent of weekly rest days and Public Holidays.

Employees are entitled to one month's basic pay as well as other allowances for a period of one month prior to proceeding on leave. Part time employees are also allowed paid leave of absence in proportion to the number of hours worked in a month (a full time worker works 195 hours in a month to be eligible for paid annual leave). An employer pays the entire amount, including holiday allowance, immediately before the worker proceeds to leave.

Schedule of annual leave is mutually agreed between the parties. If the employment contract expires before a worker could acquire the right to annual leave, compensation for leave is paid as two days full pay for each completed month of service.

Source: §5 of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §5 of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); §15 of the Employment Act, 1965

Pay on Public Holidays

Workers are entitled to paid holidays during Festival (public and religious) holidays. These include memorial holidays and religious holidays (Christian origin).

The Public Holidays are usually 11 in number. It includes New Year’s Day, Youth Day (12th March) , Good Friday, Holy Saturday, Labour Day (1st May), African Freedom Day (25th May), Heroes Day (First Monday in July), Unity Day (Tuesday following Heroes Day), Farmers Day (First Monday in August), Independence Day (24th October), and the  Christmas Day.

The workers are entitled to a fully paid public holiday if he/she does not, without the permission of his employer or other reasonable excuse, absent himself from duty either on the day immediately preceding or on the day following such public holiday. Amount of payment received during public holidays is the basic pay, the cash equivalent of any food which may from time to time be provided, and working or other allowances where applicable up to one month, but does not include payments in respect of any bonus.

Source: §2 & Schedule of Public Holiday Act, 1964; §15(3) of the Employment Act, 1965

Weekly Rest Days

No clear provision on weekly rest period is provided under the Law. However, since the General Wages Order 2011, Shop Workers’ Wages Order 2011 and Employment Act clearly mention that annual paid leave does not include weekly rest periods/Sundays, it can be inferred that these laws provide for one days of weekly rest. Shop Workers’ Wages Order, however, clearly specifies that shop workers, other than mangers, must not be employed on a Sunday.

These laws also provide for higher payment if a worker has to work on weekly rest day.

No provision could be located in law regarding rest breaks and daily rest period.

Source: §5(1)(b) of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §3(1)(f) & 5(2) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); §15(2) of the Employment Act, 1965

Regulations on Annual Leave and Holidays

  • Employment Act, 1965
  • Minimum Wages and Conditions of Employment Act, 1982
  • Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012)
  • Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012)
  • Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 (amended in 2012)
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