Tonga Leave Laws and Holidays

Employees are entitled to 20 working days of annual leave after one year of service.

Employees must give at least 2 weeks' notice before taking annual leave, though this can be waived or shortened with employer consent.

Annual leave requires the approval of the employer, typically granted based on business needs and staffing requirements.

There are no standard legal provisions for additional annual leave quota beyond the stipulated 20 days.

Annual leave accrues monthly but is only available after completion of one year of service.

Carry over of unused annual leave is permitted, but it is generally limited to a certain amount and must be used within the first quarter of the following year.

Unused annual leave is paid out on termination of employment.

There is no automatic payout for unused annual leave at the end of the year unless employment is terminated.

The employer may require employees to take annual leave during certain periods such as business downtimes or seasonal closures.

Pregnant employees are entitled to 12 weeks of maternity leave, which can be taken around the time of childbirth.

Employees must provide notice of the expected date of childbirth and the intended start date of maternity leave, typically several weeks in advance.

While essentially a right, the process requires notifying the employer and may need formal approval for specific starting dates.

There is no provision in the law for additional maternity leave beyond the stipulated 12 weeks.

Maternity leave does not accrue over time but is granted per pregnancy as a single block period.

Maternity leave cannot be carried over as it is event-specific and must be used within the childbirth period.

Maternity leave is not subject to payout on termination as it must be used specifically for childbirth-related absences.

Maternity leave is not eligible for end of year payout as it does not accrue yearly but is granted per pregnancy event.

Employees on maternity leave are protected from termination due to their pregnancy or leave-related absences, except under specific lawful circumstances.

Paternity leave entitlements can vary, typically a few days, depending on the employer's policy or any applicable collective agreements.

Employees are generally required to give notice before taking paternity leave, the duration of which may be specified by the employer.

Paternity leave usually requires approval from the employer, particularly to align with the expected date of childbirth.

Additional paternity leave beyond what is offered by the employer or stipulated in agreements is generally not available.

Paternity leave does not accrue over time but is based on the occurrence of childbirth.

Paternity leave cannot be carried over as it is intended for use around the time of childbirth.

Paternity leave is not paid out on termination as it must be used specifically for childbirth-related absences.

There is no end of year payout for paternity leave as it does not accrue and is intended for immediate use during childbirth.

Specific rules around paternity leave can vary significantly between different employers and any applicable collective agreements.

Employees are entitled to up to 3 days of bereavement leave on the death of an immediate family member.

Employees must inform their employer about the leave as soon as possible under the circumstances.

Bereavement leave is typically granted without prior approval due to the nature of the circumstances.

Additional days may be granted at the discretion of the employer based on individual circumstances.

Bereavement leave does not accrue annually; it is granted as needed per event.

There is no carryover of bereavement leave as it is event-specific.

Bereavement leave is not paid out upon termination as it is intended for specific incidents.

There is no end-of-year payout for bereavement leave as it does not accrue.

Immediate family typically includes spouses, parents, children, and siblings, though this can vary and may include other close relatives.

Employees are entitled to up to 12 days of sick leave per year for personal illness or injury.

Employees should inform their employer about their sickness and the expected duration of absence as soon as reasonably possible.

Sick leave generally does not require prior approval, but an employer may require a medical certificate or other proof of illness after more than 3 consecutive days of absence.

Additional sick leave may be granted if supported by a medical certificate and depending on the employer's policies.

Sick leave entitlement begins accruing from the commencement of employment and may be used as it accrues.

Unused sick leave does not carry over to the next year; it is reset at the start of each calendar year.

Unused sick leave is not paid out upon termination of employment.

There is no payout for unused sick leave at the end of the year.

In certain cases, sick leave can also be used to care for sick immediate family members, subject to the presentation of a medical certificate.

Tonga recognizes 12 official public holidays each year, during which employees are generally entitled to a day off. These holidays include significant national and religious events.

Public holidays are established by the government and announced in advance. Employers and employees are expected to be aware of these dates, and no additional notice is typically required for taking these days off.

Employees do not need to seek approval to take time off on public holidays, as these are recognized non-working days. However, certain industries may require employees to work on public holidays, in which case compensatory time off or additional pay may be provided.

The number of public holidays is determined by the government and does not vary by employer. Employers cannot unilaterally add to the list of official public holidays but may choose to offer additional paid or unpaid leave at their discretion.

Public holidays are fixed dates and do not accrue over time. Employees are entitled to these days off as they occur each year.

Public holidays cannot be carried over to other dates. If a holiday falls on a weekend, the government may announce a substitute holiday, but this is not guaranteed.

Since public holidays are not accrued benefits, there is no payout for unused public holidays upon termination of employment.

There is no end-of-year payout related to public holidays, as they are not benefits that accumulate or carry a monetary value.

If employees are required to work on a public holiday, labor laws may mandate additional compensation, such as overtime pay or provision of a substitute day off. The specifics can vary depending on the employment contract and industry regulations.

Casual leave is typically granted for short-term personal reasons, such as attending to urgent matters or unforeseen events. The duration and eligibility for casual leave are generally determined by individual employer policies or employment contracts.

Employees are usually required to provide notice as outlined in their organization's policies when requesting casual leave, allowing the employer to make necessary arrangements to accommodate the absence.

Approval for casual leave depends on the employer's evaluation of the request's impact on business operations and its legitimacy. Employers may assess the feasibility of granting such leave based on current workload and staffing needs.

Employers may offer additional casual leave beyond the standard provisions based on individual circumstances and organizational needs. Such arrangements are typically negotiated on a case-by-case basis.

Casual leave is typically granted in response to specific personal needs and does not accrue over time like annual leave. Each request is evaluated individually, considering the merits of the situation.

As casual leave is not accrued, there is no mechanism for carrying it over to future periods. Each instance of leave is granted based on the current needs and agreements between the employee and employer.

There is no payout for unused casual leave upon termination, as it is not an accrued benefit. Casual leave is granted for specific purposes and does not accumulate monetary value.

Unused casual leave does not result in an end-of-year payout, as it is not a compensated benefit. Such leave is granted for particular situations and does not carry financial compensation if unused.

Eligibility and terms for casual leave may be detailed in employment contracts or company policies, specifying conditions such as acceptable reasons for leave, notice requirements, and duration. Employees are advised to consult their contracts or discuss with their employer to understand the specific provisions applicable to their situation.

Study leave is typically granted to employees pursuing further education or training relevant to their role. The duration and eligibility for study leave are generally determined by individual employer policies or employment contracts.

Employees should adhere to the notice period requirements outlined in their organization's policies when applying for study leave, allowing the employer to make necessary arrangements to accommodate the absence.

Approval for study leave depends on the employer's evaluation of the request's impact on business operations and its relevance to the employee's role. Employers may assess the feasibility of granting such leave based on current workload and project timelines.

Employers may offer additional study leave beyond the standard provisions based on individual circumstances, the significance of the educational pursuit, and organizational needs. Such arrangements are typically negotiated on a case-by-case basis.

Study leave is typically granted in response to specific educational pursuits and does not accrue over time like annual leave. Each request is evaluated individually, considering the merits of the proposed study.

As study leave is not accrued, there is no mechanism for carrying it over to future periods. Each instance of leave is granted based on the current needs and agreements between the employee and employer.

There is no payout for unused study leave upon termination, as it is not an accrued benefit. Study leave is granted for specific purposes and does not accumulate monetary value.

Unused study leave does not result in an end-of-year payout, as it is not a compensated benefit. Such leave is granted for particular educational pursuits and does not carry financial compensation if unused.

Eligibility and terms for study leave may be detailed in employment contracts or organizational policies, specifying conditions such as the nature of the study, expected outcomes, and duration. Employees are advised to consult their contracts or discuss with their employer to understand the specific provisions applicable to their situation.

Court leave is granted to employees who are required to attend court proceedings, either as witnesses, jurors, or parties to a case. The duration of the leave corresponds to the time necessary to fulfill these legal obligations.

Employees should inform their employer promptly after receiving a court summons or notice, providing sufficient time for the employer to adjust work schedules and manage workloads during the employee's absence.

While employer approval is required, they are typically obligated to grant leave for employees to fulfill legal obligations such as jury duty or court appearances, as these are civic duties mandated by law.

Court leave is provided based on the specific requirements of the court proceedings and does not follow a quota system. The leave duration is directly tied to the length of the legal obligation.

Court leave is not an accrued benefit but is granted on an as-needed basis when an employee is summoned for court-related duties.

Since court leave is not accrued, there is no provision for carrying it over to future periods. Each instance is handled independently based on the specific legal obligation.

There is no payout for unused court leave upon termination, as it is not an accrued benefit but rather granted as necessary to fulfill legal duties.

Court leave does not result in an end-of-year payout, as it is not a benefit that accumulates or carries monetary value.

Employers may request official documentation, such as a court summons or attendance records, to verify the necessity and duration of the court leave.

Graduation leave is generally granted for one day to allow employees to attend their own or an immediate family member's graduation ceremony. The specific duration and eligibility criteria are determined by individual employer policies.

Employees should notify their employer as early as possible, in accordance with company policy, to allow for appropriate scheduling and coverage during their absence.

Approval for graduation leave depends on the employer's assessment of the request's impact on business operations and staffing needs during the proposed absence.

Employers may grant additional leave for graduation-related activities based on individual circumstances and organizational policies. Such arrangements are typically negotiated on a case-by-case basis.

Graduation leave is not an accrued benefit but is granted in response to specific events, such as an employee's or immediate family member's graduation.

Since graduation leave is event-specific and not accrued, there is no provision for carrying it over to future periods.

Unused graduation leave is not subject to payout upon termination of employment, as it is not an accrued benefit.

There is no end-of-year payout for unused graduation leave, as it does not accumulate annually.

Employees must provide official documentation, such as an invitation or confirmation letter from the educational institution, to validate the need for graduation leave.

Employees may be granted up to 5 working days of paid leave in the event of a natural disaster or personal emergency that directly affects them or their immediate family.

Employees are required to notify their employer as soon as possible regarding the need for disaster/emergency leave, providing details of the situation.

The granting of disaster/emergency leave is subject to employer approval, based on the assessment of the situation and its impact on the employee's ability to work.

Employers may offer additional paid or unpaid leave beyond the standard quota, depending on the severity of the disaster/emergency and individual circumstances.

Disaster/emergency leave is not accrued but is provided on a case-by-case basis when unforeseen events occur.

Since this leave is intended for immediate situations, there is no provision for carrying over unused disaster/emergency leave.

Unused disaster/emergency leave is not subject to payout upon termination, as it is not an accrued benefit.

There is no provision for end-of-year payout for unused disaster/emergency leave, as it does not accumulate.

Employers may request supporting documentation, such as a police report or insurance claim, to substantiate the need for disaster/emergency leave.

The length of special leave without pay is agreed upon between the employee and employer, considering the reasons for the leave and the operational requirements.

Employees should provide a written request for special leave without pay at least 1 month in advance, outlining the reasons and proposed duration.

Special leave without pay is granted at the employer's discretion, based on the justification provided and its impact on the organization.

There is no predefined quota for special leave without pay; it is granted based on individual circumstances and mutual agreement.

Special leave without pay is not an accrued benefit but is granted upon request and approval.

Since this leave is not accrued, there is no provision for carrying it over to subsequent years.

As this leave is unpaid, there is no payout for unused special leave without pay upon termination.

There is no end-of-year payout for special leave without pay, as it does not accumulate or carry monetary value.

During periods of special leave without pay, certain employment benefits, such as accrual of annual leave or contributions to retirement funds, may be suspended. Employees should discuss the implications with their employer before commencing leave.