Reprint as at 1 January 2014

Holidays Act 2003

Public Act2003 No 129
Date of assent17 December 2003
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Labour.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Overview

5 Interpretation

6 Relationship between Act and employment agreements

7 Application

Key terms defined

8 Meaning of ordinary weekly pay

9 Meaning of relevant daily pay

9A Average 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

14 Meaning of gross earnings

Part 2
Holiday and leave entitlements

Subpart 1Annual holidays

15 Purpose of this subpart

Entitlement to annual holidays

16 Entitlement to annual holidays

17 How employee’s entitlement to annual holidays may be met

18 Taking of annual holidays

19 When employee may be required to take annual holidays

20 Employer may allow employee to take annual holidays in advance

Payment for annual holidays

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

26 Payments may be cumulative

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

Closedown periods

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 2Entitlement to 4 weeks’ annual holidays from 1 April 2007

[Repealed]

41 Purpose of this subpart [Repealed]

42 Increase in minimum annual holiday entitlement [Repealed]

Subpart 3Public holidays

43 Purpose of this subpart

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

45A Transfer of Waitangi Day and ANZAC Day public holidays

Entitlement to public holidays

46 Entitlement to public holidays

47 When employee required to work on public holiday

48 Compliance with section 46

Payment for public holidays

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

Alternative holiday

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 4Sick leave and bereavement leave

62 Purpose of this subpart

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

Sick leave

65 Sick leave

66 Sick leave may be carried over

67 Sick leave need not be paid out

68 Proof of sickness or injury

Bereavement leave

69 Bereavement leave

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

Subpart 1Enforcement

73 Employer and employee obligations under Act

74 Who can enforce Act

75 Penalty for non-compliance

76 Proceedings by Labour Inspector for penalty

77 Proceedings by Labour Inspector to recover arrears of pay

78 Powers of Labour Inspector

79 Determinations by Labour Inspector

80 Labour Inspector must consult employer and employee

Holiday and leave record

81 Holiday and leave record

82 Requests for access to holiday and leave record

83 Failure to keep or provide access to holiday and leave record

Subpart 2Other matters

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

87 Regulations

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]

Schedule 2
Enactments repealed

Schedule 3
Enactments amended

Holidays Amendment Act 2010

Reprint notes