Employment law in Bermuda is based off of statutes enacted by Parliament and case law decided by courts.
The standard workweek is 40 hours from Monday through Friday from 9 a.m. to 5 p.m. Employment Act, Sec 6.
An employee who works in excess of 40 hours a week is entitled to be paid at the overtime rate of 1.5 times his normal hourly wage. Alternatively, the employee may be paid his normal hourly rate for the extra hours and further compensation by being given the same number of hours in lieu. Employment Act, Sec 9.
Every employee is entitled to a rest break of at least an hour, a, which is to be counted as working time. Employment Act, Sec 6
Every employer shall permit to all employees to enjoy a period of rest of at least 24 consecutive hours for a period of 7 consecutive days. Employment Act, Sec 10.
The following public holidays are included in Schedule I of the Public Holidays Act:
Employees are entitled to receive a holiday with pay on public holidays. In cases where a public holiday falls on an employee’s rest day, the employer is generally required to grant employees with time off on the next working day immediately following the public holiday.
If an employee is required to work on a public holiday the employer is generally required to pay the employee at the overtime rate of one and half times the regular rate of pay for all hours worked on the holiday. Alternatively, employers may compensate employees who work on a public holiday at the regular rate of pay and grant the employee a holiday with pay on an alternative day agreed upon by the employer and employee. Schedule I of Public Holiday Act. Employment Act, Sec 11 & Public Holiday Act Sec 4 & 5.
Employees are entitled to 2 weeks of paid annual leave after completion of the first year of continuous employment and for each subsequent year of continuous employment. This is not cumulative. Employment Act, Sec 12.
Pregnant employees are entitled to take time off during their working hours to receive antenatal care. An employee who has completed at least one year of continuous employment is entitled to be paid at her normal hourly wage for the time taken off.
Pregnant employees with over one year of service are entitled to at least 8 weeks of paid leave and 4 weeks of unpaid leave (12 weeks). And for employees with less than one year of service a minimum of 8 weeks unpaid leave. Employment Act, Sec 15 & 16.
Employees are entitled to eight days sick leave with pay after the first year of continuous employment except that the employee will not be entitled to more than two consecutive days unless he provides the employer with a doctor’s certificate. Employment Act, Sec 14.
An employer shall grant to an employee an unpaid leave of up to 3 consecutive days on the death of a member of the employee’s immediate family and or 5 consecutive days to attend the funeral of a member of the employee’s immediate family overseas.
Employment Act, Sec 17.
Employees are entitled to take reasonable time off during working hours for fulfilling public duties like attending meetings of Government Boards, Bermuda Regiment, Bermuda Reserve Police, Senate and the House of Assembly. In addition, there is an entitlement for time off for jury service and to vote in the Parliament. Employment Act, Sec 12.
Last updated on: August 27th, 2019