New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 April 2011
| Public Act | 2003 No 129 |
| Date of assent | 17 December 2003 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Labour.
6 Relationship between Act and employment agreements
8 Meaning of ordinary weekly pay
9 Meaning of relevant daily pay
10 Cash value of board or lodgings included in ordinary weekly pay and relevant daily pay
11 Labour Inspector may determine ordinary weekly pay, relevant daily pay, and average daily pay
Determination of what would otherwise be working day
12 Determination of what would otherwise be working day
13 Labour Inspector may determine what would otherwise be working day
Part 2
Holiday and leave entitlements
Entitlement to annual holidays
16 Entitlement to annual holidays
17 How employee’s entitlement to annual holidays may be met
19 When employee may be required to take annual holidays
20 Employer may allow employee to take annual holidays in advance
21 Calculation of annual holiday pay
22 Calculation of annual holiday pay if holiday taken in advance
23 Calculation of annual holiday pay if employment ends within 12 months
24 Calculation of annual holiday pay if employment ends and entitlement to holidays has arisen
25 Calculation of annual holiday pay if employment ends before further entitlement has arisen
27 When payment for annual holidays must be made
28 When annual holiday pay may be paid with employee’s pay
Portion of annual holidays may be paid out
28A Employee may request portion of annual holidays be paid out
28B Payment for annual holidays paid out
28C Requirement to request payout prohibited
28D Requirement to make payout prohibited
28E Employer may have policy preventing payout
28F Labour Inspector may determine payout
29 Meaning of closedown period
30 Frequency of closedown periods
31 Employer may have different closedown period for each part of business
32 Requirement to take annual holidays during closedown period
33 Payment of annual holiday pay during closedown period for employee entitled to annual holidays
34 Calculation of pay during closedown period for employee not entitled to annual holidays
35 Effect of closedown period on anniversary date of employee not entitled to annual holidays
Relationship between annual holidays and other entitlements
36 Employer may allow employee taking annual holidays to take sick leave
37 Employer must allow employee taking annual holidays to take bereavement leave
38 Sickness, injury, or bereavement arising before scheduled annual holidays
39 Employer may allow employee to take annual holidays if sick leave or bereavement leave exhausted
40 Relationship between annual holidays and public holidays
Subpart 2—Entitlement to 4 weeks’ annual holidays from 1 April 2007
41 Purpose of this subpart [Repealed]
42 Increase in minimum annual holiday entitlement [Repealed]
44 Days that are public holidays
44A Transferring part of public holiday
44B Transferring whole of public holiday
44C Employer may have policy preventing transfer
45 Transfer of public holidays over Christmas and New Year
Entitlement to public holidays
46 Entitlement to public holidays
47 When employee required to work on public holiday
49 Payment if employee does not work on public holiday
50 Employer must pay employee at least time and a half for working on public holiday
51 Transitional provision for employers who already pay for work on public holidays in employee’s regular pay
52 New employment agreements must include provision that complies with section 50
53 Existing employment agreements must include provision that complies with section 50
54 Questions about whether sections 50 to 53 complied with
55 When payment for public holiday must be made
56 Alternative holiday must be provided if employee works on public holiday
57 Requirements of alternative holiday
58 When employee may be required to take alternative holiday [Repealed]
59 Entitlement to alternative holiday if employee on call on public holiday
60 Payment for alternative holiday
61 Alternative holiday may be exchanged for payment
Relationship between public holidays and other entitlements
61A Sickness, injury, or bereavement on public holiday
Subpart 4—Sick leave and bereavement leave
Entitlement to sick leave and bereavement leave
63 Entitlement to sick leave and bereavement leave
64 Employee must notify employer of intention to take leave
66 Sick leave may be carried over
67 Sick leave need not be paid out
68 Proof of sickness or injury
70 Duration of bereavement leave
Payment for sick leave and bereavement leave
71 Payment for sick leave and bereavement leave
72 When payment for sick leave or bereavement leave must be made
Part 3
Enforcement and other matters
73 Employer and employee obligations under Act
76 Proceedings by Labour Inspector for penalty
77 Proceedings by Labour Inspector to recover arrears of pay
79 Determinations by Labour Inspector
80 Labour Inspector must consult employer and employee
82 Requests for access to holiday and leave record
83 Failure to keep or provide access to holiday and leave record
84 Power to award interest on unpaid holiday pay or leave pay
85 Presumption that employment continuous if employee dismissed and re-employed within 1 month
86 Holiday pay and leave pay treated as salary or wages
Transitional provisions relating to entitlements under Holidays Act 1981
88 Transitional provision relating to annual holidays
89 Transitional provision relating to public holidays
90 Transitional provision relating to special leave
91 Repeals and consequential amendments
Schedule 1
Modifications to subpart 1 of Part 2 to increase minimum entitlement to annual holidays from 1 April 2007
[Repealed]
