Holidays Act 2003

Relationship between public holidays and other entitlements

Heading: inserted, on 22 October 2004, by section 9 of the Holidays Amendment Act 2004 (2004 No 85).

61A Sickness, injury, bereavement, or family violence on public holiday

(1)

This section applies to an employee who is required, or has agreed, to work on a public holiday but who does not work on the day because—

(a)

the employee—

(i)

becomes or remains sick or injured; or

(ii)

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

(b)

the employee suffers or has suffered a bereavement as described in section 69(2); or

(c)

the employee becomes entitled to take family violence leave under section 72C.

(2)

If this section applies,—

(a)

the public holiday must continue to be treated as a public holiday and not as sick leave, bereavement leave, or family violence leave for the employee; and

(b)

to avoid doubt, the employee—

(i)

must be paid for the day in accordance with section 49 and is not entitled to be paid at time and a half in accordance with section 50(1)(a); and

(ii)

is not entitled to an alternative holiday under section 56.

Section 61A heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 61A heading: amended, on 1 April 2019, by section 29(1) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 61A: inserted, on 22 October 2004, by section 9 of the Holidays Amendment Act 2004 (2004 No 85).

Section 61A(1)(a)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 61A(1)(b): replaced, on 1 April 2019, by section 29(2) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 61A(1)(c): inserted, on 1 April 2019, by section 29(2) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 61A(1)(c): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 61A(2)(a): amended, on 1 April 2019, by section 29(3) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 61A(2)(a): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).