35 Effect of closedown period on anniversary date of employee not entitled to annual holidays

(1)

If an employee is required under section 32(2) to discontinue his or her work during a closedown period, the employee’s 12 months of continuous employment must, for the purposes of section 16(1) or 28A(5), be treated as commencing on the date on which the closedown began.

(2)

However, to avoid having a different date in each year on which the employee becomes entitled to annual holidays, the employer may nominate a date which must be treated as the date on which the closedown begins provided that the date nominated is reasonably proximate to the actual beginning of the closedown period.

Compare: 1981 No 15 s 18(5)

Section 35(1): amended, on 1 April 2011, by section 17 of the Holidays Amendment Act 2010 (2010 No 126).