Holidays Act 2003

Reprint as at 1 April 2016

Coat of Arms of New Zealand

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.

Contents

1Title
2Commencement
3Purpose
4Overview
5Interpretation
5AProvisions affecting application of amendments to this Act
6Relationship between Act and employment agreements
7Application
8Meaning of ordinary weekly pay
9Meaning of relevant daily pay
9AAverage daily pay
10Cash value of board or lodgings included in ordinary weekly pay and relevant daily pay
10ATreatment of payments made under Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
11Labour Inspector may determine ordinary weekly pay, relevant daily pay, and average daily pay
12Determination of what would otherwise be working day
13Labour Inspector may determine what would otherwise be working day
14Meaning of gross earnings
15Purpose of this subpart
16Entitlement to annual holidays
17How employee’s entitlement to annual holidays may be met
18Taking of annual holidays
19When employee may be required to take annual holidays
20Employer may allow employee to take annual holidays in advance
21Calculation of annual holiday pay
22Calculation of annual holiday pay if holiday taken in advance
23Calculation of annual holiday pay if employment ends within 12 months
24Calculation of annual holiday pay if employment ends and entitlement to holidays has arisen
25Calculation of annual holiday pay if employment ends before further entitlement has arisen
26Payments may be cumulative
27When payment for annual holidays must be made
28When annual holiday pay may be paid with employee’s pay
28AEmployee may request portion of annual holidays be paid out
28BPayment for annual holidays paid out
28CRequirement to request payout prohibited
28DRequirement to make payout prohibited
28EEmployer may have policy preventing payout
28FLabour Inspector may determine payout
29Meaning of closedown period
30Frequency of closedown periods
31Employer may have different closedown period for each part of business
32Requirement to take annual holidays during closedown period
33Payment of annual holiday pay during closedown period for employee entitled to annual holidays
34Calculation of pay during closedown period for employee not entitled to annual holidays
35Effect of closedown period on anniversary date of employee not entitled to annual holidays
36Employer may allow employee taking annual holidays to take sick leave
37Employer must allow employee taking annual holidays to take bereavement leave
38Sickness, injury, or bereavement arising before scheduled annual holidays
39Employer may allow employee to take annual holidays if sick leave or bereavement leave exhausted
40Relationship between annual holidays and public holidays
41Purpose of this subpart [Repealed]
42Increase in minimum annual holiday entitlement [Repealed]
43Purpose of this subpart
44Days that are public holidays
44ATransferring part of public holiday
44BTransferring whole of public holiday
44CEmployer may have policy preventing transfer
45Transfer of public holidays over Christmas and New Year
45ATransfer of Waitangi Day and ANZAC Day public holidays
46Entitlement to public holidays
47When employee required to work on public holiday
48Compliance with section 46
49Payment if employee does not work on public holiday
50Employer must pay employee at least time and a half for working on public holiday
51Transitional provision for employers who already pay for work on public holidays in employee’s regular pay
52New employment agreements must include provision that complies with section 50
53Existing employment agreements must include provision that complies with section 50
54Questions about whether sections 50 to 53 complied with
55When payment for public holiday must be made
56Alternative holiday must be provided if employee works on public holiday
57Requirements of alternative holiday
58When employee may be required to take alternative holiday [Repealed]
59Entitlement to alternative holiday if employee on call on public holiday
60Payment for alternative holiday
61Alternative holiday may be exchanged for payment
61ASickness, injury, or bereavement on public holiday
62Purpose of this subpart
63Entitlement to sick leave and bereavement leave
64Employee must notify employer of intention to take leave
65Sick leave
66Sick leave may be carried over
67Sick leave need not be paid out
68Proof of sickness or injury
69Bereavement leave
70Duration of bereavement leave
71Payment for sick leave and bereavement leave
72When payment for sick leave or bereavement leave must be made
73Employer and employee obligations under Act
74Who can enforce Act
75Penalty for non-compliance
76Proceedings by Labour Inspector or employee concerned for penalty
76AMatters Authority to have regard to in determining amount of penalty
76BChief executive or Labour Inspector may enforce payment of penalty
77Proceedings by Labour Inspector to recover arrears of pay
77AProceedings by Labour Inspector or employee to recover arrears of pay from person involved in failure to comply
78Powers of Labour Inspector
79Determinations by Labour Inspector
80Labour Inspector must consult employer and employee
81Holiday and leave record
82Requests for access to holiday and leave record
83Failure to keep or provide access to holiday and leave record
84Power to award interest on unpaid holiday pay or leave pay
85Presumption that employment continuous if employee dismissed and re-employed within 1 month
86Holiday pay and leave pay treated as salary or wages
87Regulations
88Transitional provision relating to annual holidays
89Transitional provision relating to public holidays
90Transitional provision relating to special leave
91Repeals and consequential amendments
[Repealed]
Reprint notes