Understanding Belize's Vacation Pay: A Comprehensive Guide

In Belize, employees are entitled to two working weeks of paid vacation per year. This is outlined in the country's Labour Act, which states that employees can choose to take these two weeks consecutively or split them into two separate periods, if agreed upon with the employer. The annual leave pay is provided in advance – either in full the day before the first period of leave or split into two equal payments, with both being made the day before each leave period.

Overtime pay

In Belize, the Labour Act Chapter 297 governs the terms and conditions of employment, including overtime. The standard working week consists of a maximum of 45 hours, or 9 hours per day, and employees are entitled to at least one day of rest per week.

If an employee works on their assigned rest day or a public holiday, they must be compensated at a rate of 150% of their ordinary salary, except on Christmas Day, Good Friday, and Easter Monday, where the rate is at least 200% of the ordinary salary.

For overtime work on a public holiday, Sunday, or rest day, the employee shall be paid at a rate of at least double the ordinary rate of pay. If the public holiday falls on a non-working day, the employee is not entitled to pay for that day.

It is permissible to employ a shift employee without paying overtime if the average number of hours over a period of three weeks or less does not exceed the daily or weekly number of overtime hours.

Public holiday pay

In Belize, there are 13 public and bank holidays, including:

• Baron Bliss Day (9th March)
• Labour Day (1st May)
• Commonwealth Day (24th May)
• National Day (10th September)
• Independence Day (21st September)
• Pan-American Day (12th October)
• Garifuna Settlement Day (19th November)
• Boxing Day (26th December)

Public holidays are governed by the Chapter 289 of the Laws of Belize, Holiday Acts. These acts establish which days are official holidays in Belize. The government reserves the right to add days, remove days, and change mid-week holidays or those falling on a Sunday to another day so that all can benefit from observing the holiday.

The Labour Code, Part XI, Section 117 states that all employees must receive a paid day off for nationally recognised holidays. If an employee is required to work on a public holiday, they must receive additional pay for their duties. On Christmas Day, Good Friday, and Easter Monday, employees must be paid at double their ordinary rate of pay. On all other public holidays, employees receive their regular pay plus one half more.

If an employee works on a public holiday, a Sunday, or any other agreed rest day, or for more than 9 hours in any day or 45 hours in any week, they shall be paid at the following rates:

• On Christmas Day, Good Friday, and Easter Monday – at a rate of not less than double the ordinary rate of pay
• On public holidays other than Christmas Day, Good Friday, and Easter Monday – at a rate of not less than one and one-half times the ordinary rate of pay

Annual leave

In Belize, employees are entitled to two working weeks of paid annual leave per year. This is equivalent to 3.8% of their annual income. Employees will usually take these two weeks consecutively, but if not, the employer and employee must agree on how to split the leave into two separate periods. The annual leave must be taken within six months of the date it is due, and the employer must give at least seven days' notice of the leave start date. If a public holiday, Sunday, or other agreed rest day occurs during the annual leave, the total leave period will be extended by one day.

Employees must be paid for their annual leave. If the leave is taken in one period, the average pay shall be paid no later than the day preceding the start of the leave. If the leave is taken in two separate periods, the employer will split the holiday pay into two equal payments, both made the day before the start of each leave period.

Sick leave

In Belize, an employee is entitled to 16 working days of paid sick leave within a 12-month period, provided they have been employed for at least 60 days. To be eligible for paid sick leave, employees must produce a medical certificate within 48 hours of the start of the sick period. The employer must give the employee written notification to produce a medical certificate within 48 hours.

For the first 16 working days of sick leave, the employer pays the difference between the payments made by the Social Security Board (SSB) and the employee's basic rate of pay. After the initial 16 working days of illness, payments are made by the Social Security Board in accordance with the Social Security Act.

Maternity leave

In Belize, a female employee is entitled to 14 weeks of maternity leave on full pay. This leave can be taken as follows:

• Up to a maximum of 7 weeks before the expected date of confinement
• The balance after the expected date of confinement
• 2 weeks before and 7 weeks after the expected date of confinement is mandatory

To qualify for full payment from the employer, the employee must have been employed by the same employer for a period of no less than 150 days in the 12 months preceding her confinement. All applications for maternity leave must be submitted at least 10 weeks prior to the expected date of confinement and must be accompanied by a medical certificate from a qualified medical practitioner stating the expected date of confinement.

If an employee is entitled to maternity benefits under the Labour Act and Social Security Act, the worker will receive maternity benefits from Social Security and will also be entitled to be paid by her employer the difference, if any, between her full pay and her Social Security benefits. It is important to note that an employer cannot terminate an employee during this period.

Calculating Maternity Leave Pay

The maternity allowance is paid weekly for a maximum period of 14 weeks. To be eligible for the allowance, an employee must:

• Be an insured woman on maternity leave
• Have 50 paid contributions
• In the period of 39 consecutive contribution weeks immediately preceding the seventh week before the expected date of confinement, or in which the benefit is claimed, whichever is later, at least 25 contributions must have been paid, with a minimum of 20 paid contributions

Additionally, the following requirements must be met:

• Make two claims on the prescribed form (MB1)
• For the period before confinement: The claim, signed by the insured woman, must be accompanied by a medical certificate signed by a registered doctor, stating the expected date of confinement
• For the period after confinement: The medical certificate section on the claim must be signed by a registered doctor or midwife who assisted in the delivery
• Submit the claim within three weeks after the date of confinement
• The employer must record the salary or wages of the insured woman for the 39 weeks immediately before the benefit is to begin
• If the claim is not submitted within 8 weeks before confinement and 3 weeks after confinement, the insured woman must provide a valid reason

The rate of payment for the maternity allowance is 80% of the average weekly insurable earnings of the insured woman in the 39 weeks before maternity leave commences. Payment is made in two instalments: one for the period before confinement and one for the period after confinement. The maximum payable is $44.00 weekly.

Frequently asked questions