Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Anguilla

Article 5(d) of the Convention. Periods of incapacity due to sickness or injury not to be deducted from annual leave. The Committee recalls that whereas the Fair Labour Standards Ordinance 1988 excludes public holidays and weekly rest periods from the annual leave, no provision is made for similar exclusion of temporary incapacity to work due to sickness or injury. In its latest report, the Government indicates that a new draft Labour Code is under preparation with ILO technical assistance. In this connection, the Committee notes that section 80(a) and (c) of the draft Labour Code expressly provides that a period of annual holiday shall not include any period of sick leave or any period of disability caused by accident or disease, and is therefore fully consistent with Article 5(d) of the Convention. The Committee hopes that the above draft provision will be incorporated in the new Labour Code without modification and requests the Government to keep the Office informed of any progress made with regard to the adoption of the new legislation.