New Zealand Legislation: Acts

12 Determination of what would otherwise be working day

• (1) This section applies for the purpose of determining an employee’s entitlements to a public holiday, an alternative holiday, to sick leave, or to bereavement leave.

  (2) If it is not clear whether a day would otherwise be a working day for the employee, the employer and employee must take into account the factors listed in subsection (3), with a view to reaching agreement on the matter.

  (3) The factors are—

  • (a) the employee’s employment agreement:

  • (b) the employee’s work patterns:

  • (c) any other relevant factors, including—

    • (i) whether the employee works for the employer only when work is available:

    • (ii) the employer’s rosters or other similar systems:

    • (iii) the reasonable expectations of the employer and the employee that the employee would work on the day concerned.

  (4) For the purposes of public holidays, if an employee would otherwise work any amount of time on a public holiday, that day must be treated as a day that would otherwise be a working day for the employee.