Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of New Caledonia. This article explains New Caledonia’s leave laws, including Annual Leave Public holidays Sick Leave Paternity leave Maternity Leave Adoption Leave. Parental leave Leave for Family Events 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 |
---|---|---|---|---|---|
Annual Leave | Minimum 5 weeks | Yearly basis | Possible under conditions | Yes | No |
Public holidays | 10 days | Not applicable | Not applicable | Not applicable | Not applicable |
Sick Leave | Varies by length of service. | Not applicable. | Not applicable. | No payout for unused sick leave. | No payout. |
Paternity leave | 28 days | Not applicable | No | Not applicable | Not applicable |
Maternity Leave | 20 weeks for a normal delivery. | Not applicable. | Not applicable. | No specific payout. | Not applicable. |
Adoption Leave. | 16 weeks of paid leave for adopting parents. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Parental leave | Up to one year of unpaid leave per parent. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Leave for Family Events | Varies based on the event. | Not accrued. | Not applicable. | Not applicable. | Not applicable. |
Employees in New Caledonia are entitled to a minimum of 5 weeks of paid annual leave per year.
The notice period for taking annual leave can vary and should be agreed upon with the employer, typically detailed in the employment contract or leave policy.
Annual leave requires approval from the employer and should typically be requested in advance as per company policy.
Additional annual leave can be accrued based on seniority or specific company policies that offer more generous leave terms.
Annual leave is accrued on a yearly basis, starting from the employee's start date each year.
Carrying over of annual leave is possible but generally must be used within a specific period, such as within the next year, as stipulated by the employer's leave policy.
On termination of employment, employees are entitled to a payout for unused annual leave.
There is generally no payout for unused annual leave at the end of the year unless it is not possible to carry it over.
Additional rules regarding annual leave may vary by company and can be outlined in the employment contract or company leave policy.
New Caledonia observes 10 public holidays each year, during which employees are not required to work.
No notice period is required for public holidays as these are predetermined dates.
Public holidays are automatically granted by law and do not require employer approval.
There are no additional quotas for public holidays as these dates are fixed and mandated by law.
Public holidays do not accrue as they are specific dates set by law.
Public holidays cannot be carried over as they are fixed dates.
No payout is provided for public holidays on termination as these do not accumulate.
There is no end of year payout for public holidays.
Public holidays are fixed by law and generally include New Year's Day, Christmas Day, and other national significant days.
Sick leave entitlements in New Caledonia vary depending on the length of service and are generally more favorable after a longer period of employment.
Employees are required to inform their employer about their sickness as soon as possible, preferably on the first day of absence.
Sick leave generally requires a medical certificate, especially if the sickness lasts for more than a few days.
Additional sick leave quota may be granted based on medical advice and specific circumstances surrounding the employee's health condition.
Sick leave does not accrue over time like annual leave but is granted based on actual health conditions and medical needs.
Sick leave does not carry over to the next year as it is granted based on specific instances of illness or injury.
There is no payout for unused sick leave upon termination of employment.
Unused sick leave is not paid out at the end of the year.
Specific rules regarding sick leave, such as the need for a follow-up or a particular form of notification, can vary by employer.
Fathers in New Caledonia are entitled to 28 calendar days of paternity leave, which can be taken within the first four months following the birth of the child.
Fathers are required to notify their employer at least one month before the expected birth date of the child, or as soon as reasonably possible.
Paternity leave requires formal approval from the employer, although it is a statutory right and cannot be reasonably refused without valid grounds.
There are no provisions in the law for additional paternity leave beyond the standard 28 days.
Paternity leave does not accrue over time but is a fixed entitlement per child born.
Paternity leave cannot be carried over and must be used within the stipulated timeframe of four months post-birth.
Paternity leave is not subject to payout upon termination, as it must be used within a specific timeframe related to the birth event.
There is no end-of-year payout for unused paternity leave as this leave type is event-specific and does not accumulate.
Paternity leave is generally required to be taken in continuous blocks, starting from the date of birth of the child.
Women are entitled to 20 weeks of maternity leave for a normal delivery, with additional weeks allowed for complications or multiple births.
The expected date of childbirth should be communicated to the employer at least several weeks in advance, along with the planned start date of the maternity leave.
While formal approval is not needed, notification and proper documentation, such as a medical certificate, must be provided to the employer.
Additional maternity leave may be granted in the case of medical complications or as stipulated by a healthcare provider.
Maternity leave does not accrue but is granted per pregnancy.
There is no carry over of maternity leave as it is a one-time entitlement per pregnancy.
Maternity leave has no direct payout upon termination as it must be used in relation to the pregnancy and childbirth period.
There is no end-of-year payout for maternity leave as it cannot be converted into monetary compensation outside of childbirth circumstances.
Women on maternity leave are protected against dismissal during this period, except under exceptional circumstances.
In New Caledonia, adopting parents are entitled to 16 weeks of paid leave. If adopting multiple children, the leave extends to 22 weeks. For those with two or more dependent children prior to adoption, the leave is 18 weeks. If both parents share the leave, an additional 25 days (for single adoption) or 32 days (for multiple adoptions) are granted.
Employees must inform their employer in advance about the adoption and the intended start date of the leave, providing necessary documentation.
While employer approval isn't typically needed, employees must notify their employer with appropriate documentation.
Additional leave may be granted in special circumstances, such as adopting multiple children or if the child has special needs.
Adoption leave is granted as needed and doesn't accrue over time.
Since adoption leave is event-based, there's no carry-over provision.
Unused adoption leave isn't paid out upon employment termination.
There's no payout for unused adoption leave at the end of the year.
If both parents are eligible, they can split the adoption leave, and doing so provides additional leave days.
Each parent is entitled to up to one year of unpaid parental leave after the birth or adoption of a child, extendable until the child's third birthday. This leave can be taken simultaneously or consecutively by both parents.
Employees should notify their employer one to two months before the intended start date of the parental leave.
While employer approval isn't typically needed, employees must notify their employer in writing within the specified notice period.
Extensions beyond the standard period may be possible, especially in cases of multiple births or adoptions, or if the child has a disability.
Parental leave is granted as needed and doesn't accrue over time.
Parental leave is tied to the child's age and can't be carried over beyond the eligible period.
Unused parental leave isn't paid out upon employment termination.
There's no payout for unused parental leave at the end of the year.
Employees are entitled to return to their previous or a similar position after the leave ends.
Employees in New Caledonia are entitled to paid leave for specific family events: marriage (four days), birth or adoption of a child (three days), death of a spouse or child (three days), and death of a parent or sibling (one day).
Employees should notify their employer as soon as they become aware of the event requiring leave. Supporting documentation may be required for approval.
Employer approval is not required as long as the leave is taken for a legally recognized family event. However, employees must notify their employer and may be required to provide proof of the event.
Employers may allow additional leave for exceptional family events, but this is at their discretion and is not legally mandated.
Family event leave is granted as needed and does not accrue over time like annual leave.
Family event leave must be taken at the time of the event and cannot be carried over to another period.
Unused leave for family events is not paid out upon employment termination.
There is no payout for unused family event leave at the end of the year.
Employers may request proof of the event (e.g., marriage certificate, birth certificate, or death certificate) before granting leave.
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