Holidays Act 2003

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Reprint as at 1 September 2017

Holidays Act 2003

Public Act		2003 No 129
Date of assent		17 December 2003
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

1	Title
	Part 1 Preliminary provisions
2	Commencement
3	Purpose
4	Overview
5	Interpretation
5A	Provisions affecting application of amendments to this Act
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
10A	Treatment of payments made under Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
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 2 Holiday 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
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 3 Enforcement 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 or employee concerned for penalty
76A	Matters Authority to have regard to in determining amount of penalty
76B	Chief executive or Labour Inspector may enforce payment of penalty
77	Proceedings by Labour Inspector to recover arrears of pay
77A	Proceedings by Labour Inspector or employee to recover arrears of pay from person involved in failure to comply
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 1AA Application, savings, and transitional provisions relating to amendments made to this Act on or after 1 April 2016
	Schedule 1 Modifications to subpart 1 of Part 2 to increase minimum entitlement to annual holidays from 1 April 2007 [Repealed]
	Schedule 2 Enactments repealed
	Schedule 3 Enactments amended
	Holidays Amendment Act 2010
	Reprint notes

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