What Is Fijian Family Care Leave?

Family care leave in Fiji is a new entitlement that allows workers to take 5 days of paid leave per year to care for or support their family or household members. This leave is not limited to caring for seriously sick relatives and requires workers to have completed more than 3 months of continuous service with the same employer. The office, the Fijian Government, and all employees and agents of the Office and/or the Fijian Government are not responsible or liable for any loss, damage, or injury (including death).

The new Fijian family care leave entitlement differs from schemes in neighboring countries where family care leave is taken in reduction of a worker’s sick leave. A new section has been added to the Act to deal with family care leave, allowing workers to take 5 days leave in a year to provide care and support to immediate family members and members. Employees are usually entitled to paid bereavement leave in the case of the new entitlement.

In 2021, Parliament enacted amendments to the Employment Relations Act 2007 (‘Act’) to further reduce the entitlements for family care leave and paternity leave from 2 days to 1 day during the COVID-19 period. These amendments include Family Care Leave and Parental Leave, which includes Paternity Leave and the increase in Maternity Leave days.

Family care leave can be taken by workers who wish to provide care and support to members of their immediate family or household. An employee can take family care leave to support their “immediate family” or a member of their household.

The new section 68A establishes the entitlement of all workers to family care leave. Employees are entitled to up to 5 days of paid leave per year to take care of family responsibilities. In 2022, family care and paternity leave will be reduced from two days to one day effective from 1 August 2021 until the end of the COVID-19 period. Employment incentives (additional deductions) are also available as a worker is entitled to family care leave after serving 3 continuous months of service.

How Many Days Family Care Leave In Fiji?

Employees in Fiji who have completed more than three months of continuous service with the same employer are entitled to paid family care leave of at least 5 working days each year. This legislation was effective from January 1, 2019, and is detailed in the Employment Relations Act 2007 under Section 68A. Family care leave allows workers to care for immediate family members or those in their household.

It is distinct from sick leave, as it covers a broader range of family responsibilities, not just illness. Additionally, this leave entitlement is supplementary to the 10 days of paid sick leave workers receive per year.

However, in response to the COVID-19 pandemic, amendments were enacted in 2021 reducing family care leave and paternity leave from 2 days to 1 day, starting August 1, 2021, until further notice. Employees can still access the full 5 days of family care leave annually, but provisions have been modified specifically during the pandemic. The Employment Minister has reaffirmed that employees' entitlement to family care leave persists during their service tenure, emphasizing the legal right for workers to support their families.

What Is The Minimum Wage In Fiji?

Effective from August 1, 2024, Fiji's national minimum wage will rise to FJD 4. 50 (US$2. 25) per hour, followed by another increase to FJD 5. 00 (US$2. 50) on April 1, 2025. Currently, the minimum wage is FJD 4. 00 per hour, established on January 1, 2023, after a series of increases from its initial introduction of FJD 2. 00 in March 2014. Over the years, the minimum wage saw increments to FJD 2. 32 in July 2015 and FJD 2. 68 in September 2017. The latest adjustments will also impact sector-specific wages, as outlined in a gazette notice.

The Fijian government, as reiterated by Finance Minister Professor Biman Prasad, will implement these changes in two phases. Reflecting on its economic policies, discussions are ongoing regarding the potential ban of social media for children under 16, highlighting the government’s wider approach to youth welfare alongside labor regulations.

As of now, adherence to the new wage laws is emphasized for employers, who must comply with updated compensation standards. This progression in wage increases aims to further support the estimated 100, 000 workers that have benefitted from previous minimum wage adjustments. Employers and employees can find detailed information on the Ministry's website concerning these labor regulations and minimum wage guidelines.

What Is The Family And Medical Leave?

The Family and Medical Leave Act (FMLA), enacted in 1993, grants eligible employees of covered employers the right to take up to 12 weeks of unpaid, job-protected leave annually for specified family and medical reasons. During this leave, employees are entitled to continue receiving group health insurance benefits under the same conditions as if they had not taken leave. The act covers various scenarios, including medical leave for a serious health condition and parental leave for bonding with a new child.

Under the FMLA, "family" is defined to include the employee's spouse, child (under 18 or adult child incapable of self-care), and parent. Approximately 40% of leaves are two weeks or shorter, and the majority of employees are protected by either Title I or Title II of the act. The FMLA is administered by the Wage and Hour Division of the US Department of Labor, ensuring employees can take necessary time off for personal or family needs without the risk of job loss.

What Is Family Care Leave In Fiji?

In Fiji, the Family Care Leave policy enables workers to take 5 days of paid leave annually for caring and supporting their immediate family or household members, effective since January 1, 2019. This leave is distinct from the existing 10 days of paid sick leave, as it is not restricted to caring for critically ill relatives. Workers must have completed over 3 months of continuous service with their employer to qualify for this leave. Immediate family is defined as a worker’s spouse, child, parent, or sibling, while "household" refers to those financially dependent occupants of a dwelling.

In 2021, the Fijian Parliament amended the policy, temporarily reducing Family Care Leave and paternity leave entitlements from 2 days to 1 day during the COVID-19 pandemic, with the cessation of these leaves altogether from April 1, 2022. Family Care Leave allows employees to support close relatives or dependent household members. However, the amendments raised concerns amongst businesses regarding the availability and effectiveness of these benefits.

Under the Employment Relations Act 2007, section 68A is dedicated to family care leave entitlement, reinforcing the importance of support within families and households. Employees are encouraged to utilize this leave as necessary, reflecting a societal commitment to family welfare and support mechanisms in Fiji.

How Long Is Maternity Leave In Fiji?

In Fiji, female employees expecting to give birth are entitled to 98 consecutive days of paid maternity leave, effective from January 1, 2019, increasing from the previous 84 days. For the first three births, the maternity leave is compensated at 100% of the employee's remuneration. For the fourth and subsequent births, the employee receives 50% of the normal wages. To qualify for maternity leave, an employee must provide a certificate from a registered medical practitioner or nurse that specifies the expected date of birth.

The Employment Relations Act 2007 entitles employees to this leave along with protections against termination while on leave. Although the legislation includes corresponding rights for maternity leave, it does not extend the same entitlements to family care or paternity leave. However, fathers whose partners are on maternity leave are entitled to five days of paid paternity leave, contingent on being the primary caregiver.

It is important to note that eligible employees may also receive maternity benefits through statutory funds like the Fiji National Provident Fund. Additionally, workers in Fiji enjoy other statutory benefits, including 10 working days of annual leave, 10 days of sick leave, and 3 days of bereavement leave, alongside the extended maternity leave provision.

What Are The Rights Of Employees In Fiji?

In Fiji, employers must provide written notice of at least 14 days before terminating employment. Employees dismissed without just cause are entitled to severance pay based on their tenure. The Employment Relations Act of 2007 outlines employee rights and employer obligations, including minimum wage laws, working hours, and various leave entitlements. Key employee rights include paid sick leave of 10 days per year, annual leave of at least four weeks, and protection against discrimination based on ethnicity, gender, religion, and other factors.

The act also governs overtime pay, allowing employees to refuse overtime without fear of reprisal. Fiji has ratified the ILO Employment Policy Convention, committing to developing a National Employment Policy. The Labor Standards Services ensures compliance with minimum employment conditions and oversees labor inspections. The Employment Relations Promulgation details rights and obligations in labor agreements. Employees with over three months of continuous service are entitled to paid leave.

Fiji’s labor laws emphasize safe and healthy workplaces, decent work opportunities, and adherence to the principles of good faith in employment relations, while also providing a social safety net through mandatory employee benefits.

What Is The Minimum Wage In Fiji 2024?

Effective from August 1, 2024, Fiji's national minimum wage will rise to $4. 50 per hour, followed by an increase to $5. 00 per hour on April 1, 2025. Currently, the minimum wage stands at $4. 00 per hour, having been valid since January 1, 2023. This change has been announced in the context of the Wages (Building and Civil and Electrical Engineering Trades) (Amendment) Regulations 2024. The phased approach aims to enhance economic fairness and equity via a living wage.

The Fiji Trades Union Congress has welcomed this proposal, indicating positive impacts for workers. The new wage rates are also set against discussions on social media regulations for children under 16, reflecting broader societal considerations. Finance Minister Professor Biman Prasad highlighted that the implementation will occur in two distinct phases—$4. 50 an hour starting in August 2024 and $5. 00 an hour from April 2025. Additionally, sector-specific wage increases will accompany the general rise in minimum wages.

The new rates represent a significant shift in labor policies, aiming to support low-income workers in Fiji and promote economic stability. Overall, this wage adjustment seeks to uplift the standard of living and address financial challenges faced by the workforce.

Does Fiji Offer Sick Leave?

In Fiji, the Employment Relations Act 2007 (ERA) specifies leave entitlements for employees, including sick leave. Employees who have completed at least four months of continuous service with the same employer are entitled to a minimum of 10 working days of paid sick leave per year. Employers may request a medical certificate to substantiate sick leave claims if the employee is absent for three consecutive days.

Sick leave benefits are designed to protect employees' health and welfare, ensuring they can take necessary time off without financial hardship. The law also states that sick leave is not available to workers who have served less than three months, with eligibility starting after this period. Additionally, unused sick leave does not accumulate from one year to the next, and it automatically lapses.

In a broader context, over 180 countries recognize some form of paid sick leave, with the tenure and benefits varying globally. This highlights the importance of sick leave in providing workers with job security during health-related absences.

Furthermore, employees may also be entitled to bereavement leave and are generally encouraged to prioritize their health and well-being in the workplace. Overall, Fiji's labor laws ensure a framework for employee benefits, contributing to a safe and productive work environment while supporting health needs.

What Is Family Care Leave?

Family Care Leave is intended for employees who need to take time off to care for family members, typically without strict regulations. For instance, DSO National Laboratories offers two days per year. The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid, job-protected leave annually, ensuring that group health benefits remain active during this time. This includes situations where a family member is seriously ill or contracts a communicable disease.

Paid Family Leave also supports employees caring for close relatives with severe health conditions. As of January 1, 2023, siblings are now recognized under this provision. The FMLA enables intermittent leave and extends to 26 weeks for caring for a seriously injured or ill military family member. Employees can opt to substitute paid leave for unpaid time off, with typical family care leaves lasting between 3-5 business days, though extended leave may be requested. This legislation provides essential protections and responsibilities for employees managing medical or family obligations in the workplace.