Fiji Employment Law

An employee is entitled to annual vacation for a period of 10 working days after each year of employment with an employer. However, an employee shall not be entitled to annual vacation who has been absent from work for a period of 20 working days during that year, except where the absence was due to sickness or any period of absence from work was allowed (acceptable) by the employer.

An employer shall allow employees to take annual leave in an unbroken period, however, if the employee so requests, the period of annual vacation can be taken in 2 or more periods, one of which must be a continuous period of one week. An employee is entitled to all annual holidays but he/she can be paid in lieu of holidays.

An employer and employee may enter into an agreement that the paid annual holiday can be deferred and accumulated over a period not exceeding a duration of 4 years, provided that one week of the holiday must be taken after completion of each year of service.

Pay – An employee is entitled to his/her regular pay which would have been received by them if they were not absent from work. Employees shall be paid for the annual holiday in advance of or on the payday immediately preceding the holiday.

Termination of employment

An employee whose employment is terminated –

• • • After a period exceeding one month and less than one year after the commencement of employment; or
    • After a period of employment following the completion of a year in respect of which paid annual holiday has been taken.

The employer must on or before the date of termination of employment pay to the employee a sum equal to not less than 5/6th of a day’s wages for each completed month of the period of employment. Employment Relations Act of 2007 (amended as of 2020), § 58 – 63.

Effective October 1, 2022, the minimum wage in Fiji is $4.00 per hour. Employment Relations (National Minimum Wage) Regulations 2015, Reg. 4,

An employee who has been in continuous employment with the same employer for a period of more than 3 months who is incapable of working due to sickness or injury is entitled to not less than 10 working days of paid sick leave for each year of service.

Eligibility – To be entitled to sick leave an employee must inform his/her employer of absence from work and the reason related to it and if requested by the employer shall provide a medical certificate specifying the employee’s capacity to work.

An employee cannot accumulate sick leave and any unused sick leave for each year automatically lapses in the next year. Employment Relations Act of 2007 (amended as of 2020), § 68.

A female employee who has been employed for a period of at least 150 days during the period of 9 months before the expected date of delivery of the child is entitled to paid maternity leave for a period of 98 consecutive days on providing a medical certificate to her employer specifying the expected date of delivery.

An employee can avail of maternity leave at any time before or after delivery on the condition that if she continues to work during the time before the delivery period, she shall provide a medical certificate certifying that she is fit to work during that period. In case, a female employee is absent from work for a period of more than 98 consecutive days, in such a scenario she is not entitled to wages for the days in excess of 98 days.

In case a female employee dies before the expected birth or after the day of the birth of the child before receiving any wages which she may be entitled to, in such case the employer or any of her employers shall be liable to pay such wages to the nominee.

Pay – Employee is entitled to full regular pay for her first 3 births and half her regular pay for 4th and subsequent births.  Employment Relations Act of 2007 (amended as of 2020), § 101 – 103.

A male employee is entitled to 5 days of paid paternity leave if his partner (spouse or de facto partner) is entitled to maternity leave or would have been entitled to such leave if she were employed. An employee is entitled to paternity leave subject to the below conditions:

• • • The employee has completed more than 3 months of continuous service with the same employer;
    • The employee is or is to be a primary caregiver for his child; and
    • The employee provides a medical certificate specifying the expected date of the birth of his child.

The paternity leave can be availed at any time during the 3 months period before and after the birth of the child. The leave can be taken either in a lump sum or in shorter periods, as may be agreed between the employer and employee but the total amount of leave-in aggregate shall not be less than 5 days.

Due to Covid -19 pandemic, an employee is entitled to paternity leave for not less than 2 working days within the covid period for a year of service.

Pay – An employee is entitled to full regular pay for the first 3 births and half of his regular pay for the 4th and subsequent births. Employment Relations Act of 2007 (amended as of 2020), § 101A.

An employee who has been in continuous employment with the same employer for a period of more than 3 months and intends to provide care or support to a member of his/her immediate family is entitled to paid leave for a duration of 5 working days. The leave cannot be accumulated and any unused leave shall lapse in the following year. Employment Relations Act of 2007 (amended as of 2020), § 68A.

Due to Covid -19 pandemic, an employee is entitled to paternity leave for not less than 2 working days within the covid period for a year of service.

An employee who has been in continuous employment with the same employer for a period of more than 3 months is entitled to paid leave for a duration of 3 days in addition to any other leave entitlement. The leave cannot be accumulated and any unused leave shall lapse in the following year. Employment Relations Act of 2007 (amended as of 2020), § 69 and Employment Relations (Administrative) Regulations of 2008 Reg. 43.