Reprint as at 1 January 2014
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.
1 Title
Part 1Preliminary 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 2Holiday and leave entitlements
Subpart 1—Annual 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 2—Entitlement 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 3—Public 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 4—Sick 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 3Enforcement and other matters
Subpart 1—Enforcement
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 2—Other 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 1Modifications to subpart 1 of Part 2 to increase minimum entitlement to annual holidays from 1 April 2007
Schedule 2Enactments repealed
Schedule 3Enactments amended
Holidays Amendment Act 2010
Reprint notes