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.
40 Relationship between annual holidays and public holidays

(1)

A public holiday that occurs during an employee’s annual holidays must be treated as a public holiday and not as part of the employee’s annual holidays.

(2)

Subsection (3) applies if—

(a)

the employment of an employee comes to an end; and

(b)

the employee is entitled to annual holidays; and

(c)

the employee has not taken the annual holidays or has taken only some of them.

(3)

The employee is entitled to be paid for a public holiday if the holiday would have—

(a)

otherwise been a working day for the employee; and

(b)

occurred during the employee’s annual holidays had the employee taken his or her remaining annual holidays entitlement immediately after the date on which the employee’s employment came to an end.