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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.

image  Table Of Contents

image  Part 2.4 Sick and Bereavement Leave

image  Part 1 Preliminary Provisions

image  Part 3 Enforcement and Other Matters

image  Part 2 Holiday and Leave Entitlements

image  Part 3.1 Enforcement

image  Part 2.1 Annual Holiday Entitlements

image  Part 3.2 Other Matters

image  Part 2.2 Four Weeks from 1 April 2007

image  Schedule 1

image  Part 2.3 Public Holiday Entitlements

 

Part 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

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

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

61A - Sickness injury or bereavement on public holiday

Part 2 Holiday and leave entitlements
Subpart 4 Sick leave and bereavement le

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 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

image  Table Of Contents

image  Part 2.4 Sick and Bereavement Leave

image  Part 1 Preliminary Provisions

image  Part 3 Enforcement and Other Matters

image  Part 2 Holiday and Leave Entitlements

image  Part 3.1 Enforcement

image  Part 2.1 Annual Holiday Entitlements

image  Part 3.2 Other Matters

image  Part 2.2 Four Weeks from 1 April 2007

image  Schedule 1

image  Part 2.3 Public Holiday Entitlements

 

More on public holidays

Public Holiday Entitlements
Ace Payroll receives many calls immediately after every public holiday, asking whether a particular employee is entitled to be paid for the public holiday more..
Public Holiday Taken
Use this method for an employee who did not work on the public holiday, but would have worked had the day not been a public holiday more..
Public Holiday Worked
Use this method for an employee who works at any time on a public holiday more..
Public Holiday Calendar
A facility in Ace Payroll to check when public holidays fall in this and future years more..
Christmas and New Year 2016/2017
Working out public holiday entitlements during the 2016/2017 Christmas and New Year holiday period more..
Easter Sunday
Easter Sunday is not a public holiday, but shops cannot open more..
Easter Holidays 2016
The dates of Good Friday and Easter Monday this year more..
Waitangi Day
Waitangi Day commemorates the signing of a treaty at Waitangi on 6 February 1840 more..
Anzac Day
Anzac Day is held on 25 April each year to commemorate New Zealanders killed in war more..
Queen's Birthday
The Queen's Birthday is always observed in New Zealand on the first Monday in June more..
Labour Day
Labour Day is always observed on the 4th Monday in October more..
Southland Anniversary Day
Southland Anniversary Day is always on Easter Tuesday more..
Default Provincial Anniversary Day
Select the provincial anniversary day observed by the majority of your employees to make it the default more..
Payment For Sick Leave If Taken On A Public Holiday
You are not required to pay your staff time and a half if they call in sick on a public holiday they would have otherwise worked more..
Alphabetical Index
The Ace Payroll alphabetical index provides links to all documentation more..
Ace Payroll FAQ Contents
All the most common Ace Payroll questions grouped by categories in a short table of key words more..
Ace Payroll Frequently Asked Questions
All the most common questions we are asked at Ace Payroll listed in a question format and grouped by category more..

More on holiday pays

Cashing Up Holiday Pay
From 1st April 2011 it is legal for an employee to cash up to one weeks annual leave each year more..
Understanding Termination Accruals
Handling of accrued holiday pay upon termination can be confusing. Ace Payroll explains the concept of accruals and demonstrates how termination pay is calculated more..
Holiday 52 Week History
It is not absolutely necessary to enter a full 52 week earnings history for correct holiday pay calculation more..
Holiday Pay - Daily Rates
An explanation of the calculation of a daily rate for an employee taking holidays after a full years service more..
Leave Calendar
Use the leave calendar to record actual dates taken for leave more..
Employee Leave Profile
The employee leave profile records which are the normal days worked by an employee more..
Casual Holiday Each Pay
This tutorial shows how to have Ace Payroll automatically pay a casual employee 8% holiday pay every time they are paid more..
Taxation of Holiday Pay
This article shows how easy it is to tax holiday pay according to IRD requirements more..
Annual Compulsory Closedowns
An annual compulsory closedown is where a business traditionally closes down for a number of weeks each year, usually over Christmas more..
Changing Holiday From 8% Each Pay
The procedure for changing a casual employee over to being a permanent employee in Ace Payroll for holiday pay purposes more..
Termination Holiday 8% Part Year Payment
How to pay the 8% of part year gross for an employee who has been employed for more than a year, receives four weeks holidays a year, and is terminating their employment more..
ERS Holiday Pay FAQ's
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Holidays 4 to 5 Weeks
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Holiday Pay Miscellaneous
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Alphabetical Index
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Ace Payroll FAQ Contents
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Ace Payroll Frequently Asked Questions
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Other leave sections

Public Holiday Entitlements
Ace Payroll receives many calls immediately after every public holiday, asking whether a particular employee is entitled to be paid for the public holiday more..
Public Holiday Taken
Use this method for an employee who did not work on the public holiday, but would have worked had the day not been a public holiday more..
Public Holiday Worked
Use this method for an employee who works at any time on a public holiday more..
Alternative Holidays
An Alternative Holiday is a day an employee is entitled to take off as paid leave, in return for having worked on a public holiday more..
Annual Holiday Entitlements
This article looks at entitlements to holidays as provided for by the Holidays Act more..
Annual Holiday Payments
This tutorial shows how to record holiday pay taken using the Annual Leave method more..
Sick Leave
Entitlements to sick leave as provided for by the Holidays Act more..
Bereavement Leave
Entitlements to bereavement leave as provided for by the Holidays Act more..
Time Bank
The time bank feature allows for the accumulation of hourly leave outside the legal requirements of the Holidays Act more..
Irregular Work Pattern
In this article we look at the calculation of Relevant Daily Pay for an employee that works irregular hours more..
Leave Owing Report
The Leave Owing report provides an estimate of holiday pay owing to all staff at a selected date more..
Holidays Act 2003
The full text of the Holidays Act 2003 more..
Alphabetical Index
The Ace Payroll alphabetical index provides links to all documentation more..
Ace Payroll FAQ Contents
All the most common Ace Payroll questions grouped by categories in a short table of key words more..
Ace Payroll Frequently Asked Questions
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