Holidays Act 2003

  • not the latest version
  • This version was reprinted on 20 May 2016 to make corrections to sections 8(2)(a)(ii), and 28A(5)(a) and (b) under section 25(1)(j)(ii) of the Legislation Act 2012.
39 Employer may allow employee to take annual holidays if sick leave or bereavement leave exhausted


This section applies if—


an employee has exhausted his or her entitlement to sick leave under subpart 4, but then—


becomes or remains sick or injured; or


has a spouse or partner or dependant who becomes or remains sick or injured; or


an employee requires more leave for a bereavement than he or she is entitled to under subpart 4.


The employer—


must not require the employee to take any leave in the circumstances set out in subsection (1) as annual holidays; but


may agree, if requested by the employee, to the leave being taken as annual holidays to which the employee is entitled.

Section 39(1)(a)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).