Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Gibraltar. This article explains Gibraltar’s leave laws, including Paternity leave Sick Leave Annual Leave Maternity Leave Parental leave Compassionate leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Paternity leave | 1 to 2 weeks. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Sick Leave | Up to 30 days | Not applicable | Not applicable | No | No |
Annual Leave | Minimum of 30 days | Monthly accrual | Limited | Yes | No |
Maternity Leave | 14 weeks paid leave. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Parental leave | Parental leave is provided for parents after the birth or adoption of a child. | Parental leave accrues based on employment status. | Unused parental leave may not be carried over. | There is no payout for unused parental leave at termination. | Unused parental leave is not paid out at the end of the year. |
Compassionate leave | Compassionate leave is granted for family emergencies or bereavement | Compassionate leave is not accrued. | Compassionate leave cannot be carried over. | No payout is given for unused compassionate leave at termination. | Unused compassionate leave is not paid out at the end of the year. |
Eligible employees are entitled to 1 to 2 weeks of paternity leave, depending on the specific provisions of the employment or any applicable collective agreements.
Employees are required to inform their employer as soon as practicable once they know they will be taking paternity leave, ideally with notice given at least 15 weeks before the baby is due.
While paternity leave generally does not require approval, notification is necessary to ensure proper scheduling and coverage during the employee's absence.
Statutory provisions do not accommodate additional paternity leave beyond the 1 to 2 weeks entitlement, though individual employers may offer more.
Paternity leave does not accrue and is available per childbirth event.
Carry over of paternity leave is not applicable, as it is intended for use immediately following the birth of a child.
Paternity leave is not subject to payout upon termination, as it is intended for use around the time of childbirth.
There is no provision for end of year payout for unused paternity leave.
Paternity leave must be taken within 56 days of the birth of the child to support the partner and bond with the newborn.
Employees are entitled to up to 30 days of paid sick leave per year.
Employees should inform their employer as soon as possible on the first day of absence due to sickness.
Sick leave does not typically require approval before taking it, but a medical certificate or doctor’s note may be required for verification, especially for extended periods of illness.
Additional sick leave may be granted based on medical advice and employer policies, particularly for serious or chronic illnesses.
Sick leave does not accrue and is available as needed, up to the maximum annual entitlement.
Unused sick leave generally does not carry over to the next year.
There is no payout for unused sick leave upon termination.
Unused sick leave is not paid out at the end of the year.
For sick leave extending beyond a few days, a medical certificate is usually required to justify the absence and qualify for sick pay.
Employees are entitled to a minimum of 30 days of paid annual leave per year.
The notice period for taking annual leave can vary and should be agreed upon with the employer, typically at least one month in advance.
Annual leave requires approval from the employer, typically arranged in advance to ensure adequate coverage.
Additional leave beyond the statutory quota is not standard and depends on company policy or individual employment contracts.
Annual leave is accrued monthly, based on the employee's start date and length of service.
Carrying over of annual leave is generally limited. Specific rules may vary by employer, but usually, a small amount of leave can be carried over into the first quarter of the following year.
Upon termination of employment, any accrued but unused annual leave will be paid out to the employee.
There is generally no payout for unused annual leave at the end of the year unless the employment contract or company policy states otherwise.
Annual leave is in addition to public holidays recognized in Gibraltar.
Eligible employees are entitled to 14 weeks of paid maternity leave, which can start up to 11 weeks before the expected date of childbirth.
Employees must notify their employer of their intention to take maternity leave at least 15 weeks before the expected week of childbirth, along with a medical certificate confirming the pregnancy.
While maternity leave does not require explicit approval, proper notification and documentation must be provided to the employer to arrange the leave.
There is no provision for additional statutory maternity leave beyond the 14 weeks, although some employers may offer more favorable terms.
Maternity leave entitlement does not accrue over time but is available per pregnancy as specified under the law.
Carry over of maternity leave is not applicable as it is granted per pregnancy and must be taken within the stipulated time frame.
Maternity leave pay is not subject to payout on termination, as it must be used within the time frame of the pregnancy and childbirth.
There is no end of year payout for maternity leave as it is specific to the period of pregnancy and childbirth.
Employees on maternity leave are protected from dismissal due to their pregnancy or leave, except in cases unrelated to pregnancy or conduct.
Parental leave is available to both parents following the birth or adoption of a child. The exact duration can vary, but generally, the leave is provided to support the care of a new child. The total quota is typically in line with the statutory requirements set by the local government.
Employees must inform their employer of their intention to take parental leave in advance. The required notice period is usually 4 weeks before the intended leave starts, giving the employer adequate time to plan for coverage during the absence.
Parental leave requires approval from the employer, as the employer needs to ensure that the employee’s absence will not disrupt business operations. Approval is typically granted unless there are exceptional circumstances preventing it.
Parental leave is usually fixed in duration and does not have provisions for additional leave beyond the statutory allowance. In exceptional cases, additional leave may be negotiated with the employer.
Parental leave typically accrues during periods of employment, but employees must fulfill eligibility requirements, including length of service, before qualifying for this leave. In some cases, parental leave is provided based on the child’s age or the adoption status.
Parental leave is generally not carried over to the next year unless the employee is unable to take it due to exceptional circumstances, such as health issues or the employer's inability to approve it.
Unused parental leave is not paid out at termination, as it is a statutory leave provided for specific circumstances (e.g., birth or adoption). If the employee has not used the leave, it is not compensated upon leaving the company.
At the end of the year, there is no payout for unused parental leave. This type of leave is meant to be used as necessary and cannot be converted to financial compensation.
Parental leave in Gibraltar is subject to local legislative changes. It is important for both employers and employees to stay informed about any updates to the statutory entitlement and any rights to take leave based on the child's age or adoption status.
Compassionate leave is granted when an employee faces a family emergency, including the death of a close relative or other critical situations such as the hospitalization of an immediate family member. The duration of this leave varies depending on the circumstances and the employer's policy.
Employees should notify their employer as soon as possible when a compassionate leave situation arises. The notice period is flexible but should be given as soon as the emergency is known. In urgent cases, employers may waive the notice period.
Compassionate leave requires approval from the employer, as it is typically treated as a special type of leave. Employers may require documentation or proof of the emergency situation to process the leave request.
While compassionate leave is intended to cover emergencies, additional leave beyond the initial quota may be granted in special circumstances, subject to employer approval. Employees may also be allowed to use other types of leave, such as annual leave, if the compassionate leave quota is exhausted.
Unlike other types of leave, compassionate leave is not accrued as part of a regular entitlement. It is granted based on specific situations and is considered a discretionary leave type granted by the employer.
Since compassionate leave is granted for urgent, unforeseen circumstances, it cannot be carried over to the next year. If the leave is not used, it is not compensated or rolled over.
Unused compassionate leave is not paid out when an employee leaves the company. This type of leave is provided as needed, based on specific circumstances, and is not subject to compensation upon termination.
As with termination, unused compassionate leave is not subject to payout at the end of the year. It is designed to be used during emergencies or personal crises and is not accrued or paid out.
In cases where compassionate leave is granted, employers may request documentation, such as a death certificate or hospital admission records, to verify the situation. Employers are encouraged to be flexible with the approval process during emotionally charged circumstances.
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