The Laws of Fiji
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Last Updated: 5 December 2023
AN ACT TO PROVIDE A STATUTORY FRAMEWORK WHICH PROMOTES THE WELFARE AND PROSPERITY OF ALL FIJI’S PEOPLE BY—
- (A)CREATING MINIMUM LABOUR STANDARDS THAT ARE FAIR TO WORKERS AND EMPLOYERS ALIKE, AND TO BUILD PRODUCTIVE EMPLOYMENT RELATIONSHIPS;
- (B)HELPING TO PREVENT AND ELIMINATE DIRECT AND INDIRECT DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOUR, GENDER, SEXUAL ORIENTATION, AGE, PHYSICAL OR MENTAL DISABILITY, HIV/AIDS STATUS, MARITAL STATUS, FAMILY RESPONSIBILITIES, PREGNANCY, RELIGION, POLITICAL OPINION, NATIONAL EXTRACTION OR SOCIAL ORIGIN;
- (C)PROVIDING A STRUCTURE OF RIGHTS AND RESPONSIBILITIES FOR PARTIES ENGAGED IN EMPLOYMENT RELATIONS TO REGULATE THE RELATIONSHIP AND ENCOURAGE BARGAINING IN GOOD FAITH AND CLOSE OBSERVANCE OF AGREEMENTS AS WELL AS EFFECTIVE PREVENTION AND EFFICIENT SETTLEMENT OF EMPLOYMENT RELATED DISPUTES;
- (D)ESTABLISHING THE MEDIATION SERVICES, THE EMPLOYMENT RELATIONS TRIBUNAL AND THE EMPLOYMENT RELATIONS COURT TO CARRY OUT THEIR POWERS, FUNCTIONS AND DUTIES;
- (E)ENCOURAGING CONSULTATION BETWEEN LABOUR AND MANAGEMENT IN THE WORKPLACE FOR BETTER EMPLOYMENT RELATIONS AND PRODUCTIVITY IMPROVEMENT;
- (F)COMPLYING WITH INTERNATIONAL OBLIGATIONS AND GIVING EFFECT TO THE CONSTITUTION; AND
- (G)FOR RELATED MATTERS.
[EMP 245E] Transitional245E
245E
- (a)a worker who has utilised one working day of paid family care leave under section 68A in a year of service commencing before the operative date and ending within the COVID-19 period is only entitled to one working day of paid family care leave for the remainder of such year of service;
- (b)a worker who has utilised 2 or more working days of paid family care leave under section 68A in a year of service commencing before the operative date and ending within the COVID-19 period is not entitled to paid family care leave for the remainder of such year of service;
- (c)a worker who has utilised more than 2 working days of paid family care leave under section 68A in a year of service commencing before the operative date and ending within the COVID-19 period—
- (i)must not be made to reimburse his or her employer for the use of such leave; and
- (ii)subject to the reductions to leave entitlements under this Part, does not lose his or her entitlement to any other type of leave guaranteed under this Act or his or her employment contract;
- (d)[Repealed]
- (e)if a worker utilises the paid family care leave entitlement under section 245C in a year of service commencing within the COVID-19 period and ending after the COVID-19 period, he or she is entitled to the paid family care leave entitlement under section 68A after the COVID-19 period reduced by any paid family care leave utilised in such year of service within the COVID-19 period; and
- (f)if an employer approved, before the operative date, an application for paid family care leave in a year of service commencing before the operative date and ending within the COVID-19 period and the approved application pertains to working days within the COVID-19 period and which, when counted together with any paid family care leave days utilised within that year of service amount to an aggregate sum of more than 2 working days, the excess days are not a statutory leave entitlement under this Act, however the employer, at the employer’s discretion, may grant the approved leave despite the statutory reduction of such leave in this Part.
[subs (1) am Act 19 of 2021 s 4, effective 1 August 2021]
(2) In relation to paternity leave, and for the avoidance of doubt—
- (a)a man who has utilised one working day of paid paternity leave under section 101A in a year of service commencing before the operative date and ending within the COVID-19 period is only entitled to one working day of paid paternity leave for the remainder of such year of service;
- (b)a man who has utilised 2 or more working days of paid paternity leave under section 101A in a year of service commencing before the operative date and ending within the COVID-19 period is not entitled to paid paternity leave for the remainder of such year of service;
- (c)a man who has utilised more than 2 working days of paid paternity leave under section 101A in a year of service commencing before the operative date and ending within the COVID-19 period—
- (i)must not be made to reimburse his employer for the use of such leave; and
- (ii)subject to the reductions to leave entitlements under this Part, does not lose his entitlement to any other type of leave guaranteed under this Act or his employment contract;
- (d)[Repealed]
- (e)if a man utilises paid paternity leave under section 245D in a year of service commencing within the COVID-19 period and ending after the COVID-19 period, he is entitled to the paid paternity leave entitlement under section 101A after the COVID-19 period reduced by any paid paternity leave utilised in such year of service within the COVID-19 period; and
- (f)if an employer approved, before the operative date, an application for paid paternity leave in a year of service commencing before the operative date and ending within the COVID-19 period and the approved application pertains to working days within the COVID-19 period and which, when counted together with any paternity leave days utilised within that year of service amount to an aggregate sum of more than 2 working days, the excess days are not a statutory leave entitlement under this Act, however the employer, at the employer’s discretion, may grant the approved leave despite the statutory reduction of such leave in this Part.
[subs (2) am Act 19 of 2021 s 4, effective 1 August 2021]