Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Samoa. This article explains Samoa’s leave laws, including Sick Leave Annual Leave Bereavement Leave Maternity Leave Paternity leave Parental 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 |
---|---|---|---|---|---|
Sick Leave | 20 days per year | Annual basis | No | No | No |
Annual Leave | Two weeks per year | Accrues monthly | Limited | Yes | No |
Bereavement Leave | Up to 5 days per event | Not applicable | Not applicable | Not applicable | Not applicable |
Maternity Leave | Up to 26 weeks | Not applicable | Not applicable | Not applicable | Not applicable |
Paternity leave | Up to 5 days of paid leave. | Granted per child, not accrued. | Cannot be carried over. | Unused leave is forfeited. | No payout for unused leave. |
Parental leave | Not explicitly mandated. | Not accrued under law. | Subject to employer policy. | Not applicable. | Not applicable |
Employees are entitled to up to 20 days of paid sick leave per year, contingent on providing a medical certificate.
Notice for sick leave should be given as soon as possible, ideally on the first day of absence.
Sick leave generally requires a medical certificate, especially for absences of more than two consecutive days.
Additional sick leave beyond the standard quota is not common and usually requires specific medical justification.
Sick leave entitlements typically accrue on an annual basis from the date of employment.
Unused sick leave does not usually carry over to the next year; it is forfeited.
There is generally no payout for unused sick leave upon termination of employment.
Unused sick leave is not paid out at the end of the year.
Providing a medical certificate is a common requirement for taking sick leave, particularly for extended periods.
Employees are entitled to two weeks of paid annual leave for each year of completed service.
The notice period for taking annual leave may vary and should be agreed upon with the employer, typically a notice of two weeks is common.
Annual leave requires approval from the employer, ideally requested in advance to accommodate business operations.
Additional annual leave beyond the standard quota is not typically provided under law but may be negotiated with the employer.
Annual leave accrues on a monthly basis from the date of employment commencement.
Carrying over of annual leave to the next year is typically limited. Most policies allow for only a certain amount of unused leave to be carried over, which must be used within a specific period.
Upon termination of employment, any accrued but unused annual leave should be paid out to the employee.
There is generally no end of year payout for unused annual leave; it is either carried over or forfeited depending on company policy.
Additional rules regarding annual leave may be stipulated in the employment contract or collective bargaining agreements.
Employees are entitled to up to five days of bereavement leave per event, applicable upon the death of an immediate family member.
Employers should be notified as soon as possible in the event of a bereavement to arrange for leave.
Bereavement leave is typically granted without prior approval, given the nature of the circumstances.
Additional bereavement leave beyond the five days is not common, though may be considered under extraordinary circumstances.
Bereavement leave does not accrue and is granted as needed per bereavement event.
There is no carry over for bereavement leave as it is granted per incident.
Bereavement leave is not eligible for payout upon termination as it is intended for immediate use during the bereavement period.
There is no end of year payout for bereavement leave as it does not accrue.
Immediate family typically includes spouses, children, parents, and siblings, though may extend to other close relatives based on employer policies.
Eligible employees are entitled to up to 26 weeks of maternity leave, with provisions for both prenatal and postnatal care.
Notice of at least four weeks should be given prior to commencing maternity leave, along with a medical certificate confirming the pregnancy and expected date of delivery.
Maternity leave requires formal approval from the employer, and should be accompanied by the necessary medical documentation.
Additional maternity leave is not typically granted beyond the standard 26 weeks unless under exceptional medical circumstances.
Maternity leave does not accrue over time but is granted per pregnancy event.
There is no carry over concept for maternity leave as it is event-based, not accrued.
Maternity leave is not subject to payout upon termination, as it should be used during the pregnancy period.
Maternity leave does not have an end of year payout as it is not accrued annually but granted per pregnancy.
Employees on maternity leave are protected against dismissal due to their pregnancy or leave, ensuring job security during and after pregnancy.
Fathers are entitled to 5 days of paid paternity leave, typically taken within a short period after the birth of their child.
Employees must inform their employer as soon as possible, ideally at least one month before the expected birth date.
Employees must formally request paternity leave, and the employer must approve it before it can be taken.
The law does not provide for additional paternity leave beyond the 5-day entitlement.
Paternity leave is granted for each child born and does not accumulate over time.
If not used within the allowed period, paternity leave is forfeited and cannot be carried forward.
If an employee leaves their job before taking paternity leave, they do not receive any compensation for the unused leave.
Paternity leave does not convert to a financial payout if not used by the end of the year.
Employers may require documentation, such as a birth certificate, to confirm eligibility for paternity leave.
Samoa does not have a statutory provision for parental leave beyond maternity and paternity leave, but some employers may offer unpaid parental leave as part of their policies.
Since parental leave is not mandated by law, employers set their own notice requirements, typically requiring advance notice of at least 30 days.
As parental leave is not legally required, employees must obtain approval from their employer before taking leave.
There is no statutory parental leave, so any additional leave is at the discretion of the employer.
Parental leave is not a statutory entitlement and does not accumulate over time.
If an employer provides parental leave, any carryover rules depend on the company’s leave policy.
Since parental leave is not a statutory right, there is no payout for unused leave upon termination.
Unused parental leave does not convert into a financial payout.
Employers may provide unpaid parental leave as part of their internal policies, but it is not required by law.
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