Mauritius Employment Law

Duration of Annual Leave – An employee, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while they remains in continuous employment, to 20 working days’ annual leave.  

Additional Annual Leave – Every worker shall be entitled to 2 days’ leave in every year, in addition to the leave above.

Taking of Annual Leave – Leave may be taken on full day, half day or such shorter period as agreed between an employer and an employee. 

Prorated Annual Leave – Every employee, other than a part-time worker, who remains in continuous employment with the same employer for a period of  6 consecutive months and who has been present on all the working days during that period, shall be entitled to 1 day’s annual leave during each subsequent month up to the twelfth month, while he remains in continuous employment with the same employer. 

Part-Time Employee – Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled during each subsequent period of 12 months, to such number of days of annual leave on full pay computed in accordance with the following formula –  N/W x Y

• • “N” means the number of days of work he is required to perform in a week; 
  • “W” means the number of working days in a week of a comparable full-time worker; 
  • “Y” means the number of days of annual leave to which a worker is entitled.

Where an employer and a employee are unable to agree as to when the leave under this section is to be taken, half of the leave period shall be fixed by the employer and the other half by the employee.

A employee who wishes to take more than one day’s annual leave consecutively shall, except where reasonable cause is shown, give his employer at least 48 hours’ advance written notice. 

Pay –  An employer shall pay an employee a normal day’s wage in respect of each day’s leave still due to him at the end of the period of 12 consecutive months, where the employee has not taken or has not been granted by the employer.

Where during any period of  12 consecutive months, an employee has not requested annual leave or where his request has not been granted, the employee may, instead of any payment, opt to have the remaining leave accumulated and inform his employer in writing of his option.

Termination of Employment – An employer shall, where an employee ceases to be in his employment, whether on ground of termination of employment or otherwise, refund to the worker, any accumulated annual leave not taken by the worker or not granted by the employer.

An employer shall not, without reasonable cause, withhold the granting of leave to an employee. Any agreement by an employee to relinquish the annual leave entitlement shall be null and void.  Section 45 of the Worker’s Rights Act, 2019, Finance Act 2023, 90.

Duration of Sick Leave – Every employee, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while he remains in continuous employment, to 15 working days’ sick leave on full pay. 

Accumulation of Sick Leave – Where, at the end of a period of 12 consecutive months, an employee has not taken the sick leave to which he is entitled, any outstanding sick leave shall be accumulated to a maximum of 90 working days. 

Part-time Employee – Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled, during each subsequent period of 12 months, to the number of days of sick leave on full pay computed in accordance with the following formula –  N/W x Y

• • “N” means the number of days of work he is required to perform in a week; 
  • “W” means the number of working days in a week of a comparable full-time worker; 
  • “Y” means the number of days of sick leave to which an employee is entitled or any other enactment including any Remuneration Regulations or Wages Regulations, or any agreement, collective agreement, or award of the Tribunal or an arbitrator. 

Where, at the end of a period of 12 consecutive months, a part-time worker has not taken the sick leave to which he is entitled any outstanding sick leave shall be accumulated up to a maximum number of days according to the following formula –  N/W x 90 normal working days. 

Every employee, other than a part-time worker, who remains in continuous employment with the same employer for a period of  6 consecutive months and who has been present on all the working days during that period shall be entitled to one day’s sick leave during each subsequent month up to the twelfth month, while he remains in continuous employment with that employer. 

Additional Sick Leave – After an employee has exhausted all the sick leave provided, and thereafter has been granted sick leave for – 

• • for time wholly spent in a hospital, or other medical institution; or  
  • for convalescence purposes after discharge from a hospital or other medical institutions. 

Such additional sick leave duly certified by a medical practitioner may be deducted from the accumulated sick leave, and shall be on full pay. 

Notification Requirement – If an employee absents himself on ground of illness, he shall, unless reasonable cause is shown and except where the employer is aware of the nature of the illness, notify his employer of his illness on the first day of absence.

Medical Certification – If an employee remains ill for more than 3 consecutive working days, they shall forward to their employer a medical certificate on the fourth day of absence; or  where the employee is admitted to a hospital or other medical institution, within 3 days of his discharge from the hospital or medical institution. 

A medical certificate shall not be valid in respect of any period exceeding 3 days before the day on which it is issued. Every employer may, at his own expense, require an employee who is absent on ground of illness to be examined by a medical practitioner. 

Where a employee is required to attend a medical examination, the employer shall, at his own expense, provide free transport to the worker to attend the medical examination. Where a employee is bedridden, the employer may, with the consent of the employee, cause a medical practitioner to examine the employee at the residence of that employee. Section 46 of the Worker’s Rights Act, 2019.

An employee, other than a migrant worker, who remains in continuous employment with the same employer for a period of at least 5 consecutive years shall be entitled to vacation leave of not more than 30 days, whether taken consecutively or otherwise, for every period of 5 consecutive years, to be spent abroad, locally or partly abroad and partly locally. 

Any subsequent eligibility period of 5 consecutive years shall be computed after the employee resumes work after the initial vacation leave. The vacation leave shall be for a period of not less than 6 consecutive days with pay and such pay shall, in case the employee opts to spend the vacation wholly or partly abroad, be granted at least 7 working days before the employee proceeds abroad.

Notice Requirement – An employee, except in special circumstances, is required to provide at least 3 months’ notice when requesting vacation leave. The employer must approve the request unless there are reasonable business grounds to deny it.

The vacation leave shall be deemed to constitute attendance at work and shall not be cumulative.  Section 47 of the Worker’s Rights Act, 2019.

An employee shall be granted leave with pay to be provided, at his option, against any paid annual leave, sick leave, or vacation leave entitlement to care for his child, including his adopted child; his parents or grandparents, has healthcare-related issues. 

An employee shall be granted this leave provided that the employee notifies his employer on the first day of absence. The employee shall be required to produce their birth and marriage certificate, the birth certificate of his or her spouse, and the birth certificate of the child, or adopted child, parent, or grandparent, as the case may be. 

In the case of an adopted child, the employee is required to provide a certified copy of the relevant Court Order and the birth certificate of the child. 

If an employee takes leave for more than 3 consecutive working days, a medical certificate certifying that his child or adopted child, parent, or grandparent, as the case may be, has healthcare-related issues; and produces such other relevant documents which the employer may require. 

Any request for leave with pay to care for his parents or grandparents, other than for his child, shall not exceed 10 days. Finance Act, 2023 47A.

Duration of Leave – A female employee shall, on production of a medical certificate, be entitled to 16 weeks’ maternity leave on full pay to be taken before confinement, provided that at least 8 weeks’ maternity leave shall be taken immediately following the confinement; or after confinement.

A female worker who gives birth to twins, triplets or multiple births, or to a premature baby, shall in addition to the maternity leave specified in subsection be entitled to a 2-week additional maternity leave with pay.

Where a female employee who remains in continuous employment with the same employer for 12 consecutive months gives birth to a child, she shall, on the production of a medical certificate, be paid within 7 days of her confinement, a maternity allowance.

Pay – Where a part-time female employee remains in continuous employment with the same employer for a period of 12 consecutive months immediately preceding the beginning of leave, she shall, on production of a medical certificate, be entitled to an allowance computed in accordance with the following formula –  N/H x amount of maternity allowance 

• • “N” means the number of days of work she is required to perform in a week;  
  • “H” means the number of working days in a week of a comparable full-time worker. 

Miscarriage Leave – Where a female employee suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 3 weeks’ leave followed by additional 5 days’ leave on full pay immediately after the miscarriage. 

Birth of Stillborn Child – Where a female employee gives birth to a stillborn child, she shall, on production of a medical certificate, be entitled to 14 weeks’ leave on full pay. 

Adoption Leave – If a female employee, who has been continuously employed with the same employer for 12 consecutive months, adopts a child under 12 months old, she is entitled to 16 weeks of leave with full pay. This is granted upon submission of a certified copy of the relevant court order and the child’s birth certificate.

Breastfeeding Break – Where a female employee is nursing her unweaned child, she shall, for that purpose, be entitled on a daily basis at a time convenient to her and having regard to the needs of the child to, at least 2 breaks of 30 minutes each, or 1 break of one hour. The female shall be entitled to the break for a period of 6 months from the date of confinement or such longer period as a medical practitioner may recommend and the period of the break shall not be deducted from the number of hours of work of the employee.  

An employer shall not require a female worker to perform overtime work for a period of at least 2 months before her leave. 

Night Work Restriction – An employer shall not, except with the consent of a female employee, require the female employee to work between 6 p.m. and 6 a.m. during the 12 months following her confinement.  Section 52 of the Worker’s Rights Act, 2019.

Duration of Leave – Where the spouse of a male employee, who is in continuous employment for a period of 12 consecutive months, gives birth to a child, or where the worker or his spouse adopts a child aged less than 12 months the male employee shall be entitled to a paternity leave of 4 continuous week with pay.

“spouse” means a person with whom the male employee has contracted a civil or religious marriage.

Paternity Leave for Part time Employee – A part-time employee shall be entitled to the number of days of leave in accordance with the following formula –  N x 5 normal working days, where –  

1. • “N” means the number of days of work he is required to perform in a week; 
   • “W” means the number of working days in a week of a comparable full-time employee.

Medical Certificate – The entitlement of paternity leave shall be subject to the production of a certificate issued by a medical practitioner certifying or notifying that their spouse has given birth to a child; and a written statement signed by the employee that he is living with his spouse under a common roof. In case of an adopted child, a certified copy of the relevant Court order and a copy of the birth certificate of the child.

Timing of Leave – The paternity leave shall begin within 2 weeks from the date of birth of the child, from the date of discharge after childbirth of the mother from a hospital or other medical institution, or from the date of the adoption of the child, as the case may be.

Unpaid Paternity Leave – A male employee who has less than 12 months’ continuous employment with an employer shall be entitled to the 5 consecutive working days leave without pay.  Section 53 of the Worker’s Rights Act, 2019, Finance Act 2023, 52A.

Where a employee remains in continuous employment with the same employer for a period of 12 consecutive months, the worker shall be entitled  to – 

1. • 6 working days’ special leave on full pay on the occasion of the celebration of his first civil or religious marriage; 
   • 3 working days’ special leave on full pay on the occasion of the first civil or religious marriage of his son or daughter; and 
   • 3 working days’ special leave on full pay on the death of his spouse, child, father, mother, brother, or sister. 

Section 48 of the Worker’s Rights Act, 2019.

An employee shall be granted leave with pay by their employer during the period of his absence from work according to a summons issued to him to attend service as a juror. Section 49 of the Worker’s Rights Act, 2019.

Where an employee is selected or nominated to participate in an international sports and cultural event to represent Mauritius, the employee shall, subject to advance notice being given and documentary evidence adduced as to the duration of their absence, be granted leave with pay at his request by the employer for the duration of the event or such longer period as may be necessary. Section 50 of the Worker’s Rights Act, 2019.

An employee shall be granted leave to attend Court regarding any matter in which he is a party or in which he is a witness. The leave shall be with pay where the employee is attending Court as a representative of the employer or on its behalf. An employer may require an employee to produce a certificate of attendance from the Court which the employee attended except where the employee attends Court as a witness. Section 51 of the Worker’s Rights Act, 2019.