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Holidays Act 2003
Table of Contents
This is the full text of the Act and includes changes made by the Holidays Amendment Act 2004.
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Table Of ContentsPart 1 Preliminary 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
10 - Cash value of board or lodgings included in ordinary weekly pay and relevant daily pay
11 - Labour Inspector may determine ordinary weekly pay or relevant 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
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
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
Part 2 Holiday and leave entitlements
Subpart 2 Entitlement to 4 weeks' annua
41 - Purpose of this subpart
42 - Increase in minimum annual holiday entitlement
Part 2 Holiday and leave entitlements
Subpart 3 Public holidays
43 - Purpose of this subpart
44 - Days that are public holidays
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 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
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
Part 2 Holiday and leave entitlements
Subpart 4 Sick leave and bereavement le
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 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
Part 3 Enforcement and other matters
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
End of Table Of Contents
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