57 Requirements of alternative holiday

(1)

An alternative holiday provided under section 56 must—

(a)

be taken by the employee on a day that is agreed between the employer and employee; and

(b)

be a day that would otherwise be a working day for the employee; and

(c)

be a whole working day off work for the employee, regardless of the amount of time the employee actually worked on the public holiday; and

(d)

not be taken on a public holiday.

(2)

If an employer and employee cannot agree under subsection (1)(a) on when an alternative holiday is to be taken, the day must be taken on a date determined, on a reasonable basis, by the employer.

(3)

If subsection (2) applies, the employer must give the employee at least 14 days’ notice of the requirement to take the alternative holiday.

Section 57(1)(c): amended, on 1 April 2011, by section 13(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 57(1)(d): added, on 1 April 2011, by section 13(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 57(2): substituted, on 1 April 2011, by section 13(2) of the Holidays Amendment Act 2010 (2010 No 126).

Section 57(3): substituted, on 1 April 2011, by section 13(2) of the Holidays Amendment Act 2010 (2010 No 126).