Managing employee leave entitlements in American Samoa requires a clear understanding of local labor laws and regulations. Employers must ensure compliance with statutory requirements regarding vacation time, public holidays, sick leave, and other types of protected absences. Adhering to these standards is crucial for maintaining fair labor practices and operational continuity.
Understanding the specific provisions for different types of leave helps businesses operating in the territory to accurately plan for workforce availability and manage payroll effectively. This includes knowing the minimum accrual rates for vacation and sick leave, recognizing official public holidays, and navigating requirements for parental and other forms of leave.
Annual Vacation Leave
Employees in American Samoa are entitled to accrue annual vacation leave based on their length of service. The minimum statutory requirement is typically one day of paid vacation leave for each full month of employment. This accrual rate applies after an employee has completed one year of continuous service with the employer.
- Accrual Rate: 1 day per month after 1 year of service.
- Maximum Accrual: While accrual is monthly, there may be limits on how much leave can be carried over or accrued in total, depending on specific employer policy or collective agreements, provided they meet or exceed the statutory minimum.
- Usage: Employees are generally entitled to take their accrued leave, subject to employer scheduling needs and policies.
Public Holidays and Observances
American Samoa observes a number of public holidays throughout the year. Employees are typically entitled to a paid day off on these holidays. If an employee is required to work on a public holiday, they are often entitled to premium pay, such as time and a half or double time, depending on the specific circumstances and employment agreement.
Here are the anticipated public holidays for 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| January 20 | Martin Luther King, Jr. Day |
| February 17 | Presidents' Day |
| April 18 | Good Friday |
| May 26 | Memorial Day |
| June 19 | Juneteenth |
| July 4 | Independence Day |
| September 1 | Labor Day |
| October 13 | Columbus Day |
| November 4 | Election Day |
| November 11 | Veterans Day |
| November 27 | Thanksgiving Day |
| December 25 | Christmas Day |
Note: Dates for some holidays may shift if they fall on a weekend, with the observance potentially moved to the nearest weekday.
Sick Leave Policies and Pay
Employees in American Samoa are also entitled to accrue paid sick leave. The standard accrual rate is typically one day of paid sick leave for each full month of employment. This entitlement usually begins from the commencement of employment.
- Accrual Rate: 1 day per month from the start of employment.
- Usage: Sick leave can be used for an employee's own illness or injury. Employers may require medical certification for absences exceeding a certain duration.
- Pay: Sick leave is typically paid at the employee's regular rate of pay.
- Maximum Accrual: Similar to vacation leave, there may be limits on the total amount of sick leave that can be accrued or carried over.
Parental Leave
American Samoa law provides provisions for parental leave, primarily related to childbirth and adoption. While specific details can vary, the general framework includes entitlements for maternity leave and potentially other forms of parental leave.
- Maternity Leave: Female employees are typically entitled to a period of unpaid maternity leave for childbirth. The duration can vary, but it commonly includes time before and after the birth. Specific regulations may outline job protection during this period.
- Paternity Leave: While not always a separate statutory entitlement with guaranteed pay, some employers may offer paternity leave or employees may utilize other forms of leave (like accrued vacation) for the birth or adoption of a child.
- Adoption Leave: Leave provisions may also extend to employees adopting a child, though the specifics can depend on the employer and the circumstances of the adoption.
The specifics regarding paid or unpaid status and duration often depend on employer policy, collective bargaining agreements, and the employee's length of service, within the framework of any applicable statutory minimums.
Other Types of Leave
Beyond vacation, public holidays, sick leave, and parental leave, employees in American Samoa may be entitled to other types of leave under specific circumstances or employer policies.
- Bereavement Leave: Many employers provide a short period of paid or unpaid leave following the death of a close family member. This is often based on company policy rather than statutory requirement.
- Jury Duty Leave: Employees summoned for jury duty are typically entitled to time off. Pay during jury duty may vary; some employers pay the difference between the employee's regular wage and the jury duty pay received from the court.
- Military Leave: Employees who are members of the U.S. armed forces reserves or National Guard are entitled to leave for training or active duty, with job protection rights.
- Study/Sabbatical Leave: These types of leave are generally not statutory entitlements but may be offered by employers as a benefit for employee development or long-term service. Policies vary widely.
