Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Tokelau. This article explains Tokelau’s leave laws, including Annual Leave Public holidays Sick Leave Bereavement Leave Maternity 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 |
---|---|---|---|---|---|
Annual Leave | Minimum required paid leave per year. | Accrues monthly. | Limited carry over allowed. | Paid out on termination. | Typically not paid out. |
Public holidays | Mandated days off for national holidays. | Not applicable for public holidays. | Not applicable for public holidays. | Not applicable for public holidays. | Not applicable for public holidays. |
Sick Leave | Varies, often 5-10 days per year | Does not accrue | No carry over | No payout | No |
Bereavement Leave | Days are granted as needed. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Maternity Leave | Up to 12 weeks | Not applicable | Not applicable | Not applicable | No |
Employees are entitled to a minimum of four weeks of paid annual leave per year, accruing monthly.
The notice period for taking annual leave can vary depending on company policy but generally requires notification a few weeks in advance to ensure operational continuity.
Taking annual leave requires prior approval from the employer, usually through a formal request process to ensure adequate coverage and planning.
Additional annual leave beyond the standard quota can be granted based on employment agreements or special considerations agreed upon by the employer.
Annual leave accrues monthly based on the employee’s start date, typically calculated at 1/12th of the annual entitlement per month of service.
Carry over of unused annual leave into the next year is often permitted, though limits may apply and excess days may be lost if not used within a specified period.
Unused annual leave is usually paid out upon termination of employment, calculated at the current rate of pay.
Annual leave is not usually paid out at the end of the year if unused; however, exceptions can apply based on specific employment contracts or policies.
Specific rules regarding annual leave, such as accrual rates and carry over provisions, can vary significantly between different employers and may be stipulated in employment contracts.
Employees are entitled to a day off on nationally recognized public holidays. The specific dates may vary annually and include both religious and secular holidays.
Notice periods do not apply to public holidays as these dates are predetermined and universally acknowledged.
Since public holidays are mandatory, employees do not need approval to take these days off.
Public holidays are fixed and cannot be increased individually or organizationally.
Public holidays do not accrue as they are based on the national calendar and observed by all.
Carry over rules do not apply to public holidays as they are specific to the dates they fall on each year.
There are no payouts for public holidays upon termination as these do not accumulate or carry monetary value in unused cases.
Unused public holidays cannot be compensated financially at the end of the year as they are date-specific.
Public holidays follow a national schedule and are observed by all sectors, impacting all operational and business processes.
Employees are entitled to sick leave, which can vary between 5 to 10 days per year depending on their contract and length of service.
Employees must notify their employer of their sickness as soon as possible, ideally on the first day of absence.
While formal approval is not typically needed for sick leave, employees are expected to provide notification and, where possible, a medical certificate.
Additional sick leave may be granted if supported by a medical certificate and depending on the specific health situation and company policy.
Sick leave does not typically accrue in the same way as annual leave and is often granted on a yearly basis.
Unused sick leave generally does not carry over to the next year; each new year starts with a new allocation based on the employment terms.
Unused sick leave is not paid out upon termination of employment.
There is no end of year payout for unused sick leave.
Sick leave often requires documentation, such as a doctor's note, especially if it exceeds a certain number of consecutive days.
Employees are entitled to bereavement leave, typically a few days, to deal with the death of a close relative.
Employees should notify their employer as soon as possible in the event of a death in the family.
Bereavement leave is generally granted without formal approval, though notification and some proof of the event may be required.
Additional days may be granted depending on the specific circumstances and the employer's policies.
Bereavement leave does not accrue and is granted as needed.
There is no carry over for bereavement leave as it does not accrue.
There is no payout for unused bereavement leave upon termination as it does not accrue.
Bereavement leave is not subject to end of year payout as it does not accrue.
Employers may require a death certificate or other proof of the family member's death to grant bereavement leave.
Eligible employees are entitled to up to 12 weeks of maternity leave around the time of childbirth.
The expected notice period for maternity leave is typically several weeks, ideally as soon as the pregnancy is medically confirmed.
Maternity leave requires approval, typically with a doctor's note confirming the pregnancy and the expected date of delivery.
Additional maternity leave may be granted on a case-by-case basis, often depending on medical advice and specific employment policies.
Maternity leave does not accrue over time but is granted per pregnancy event.
Carry over rules do not apply to maternity leave as it is event-based and not accrued.
Maternity leave is not subject to payout on termination, as it must be used in the context of childbirth.
There is no payout at the end of the year for unused maternity leave.
Employees on maternity leave are typically protected against dismissal during this period, barring gross misconduct.
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