Holiday and leave record

81 Holiday and leave record

(1)

[Repealed]

(2)

An employer must at all times keep a holiday and leave record showing, in the case of each employee employed by the employer, the following information:

(a)

the name of the employee:

(b)

the date on which the employee’s employment commenced:

(c)

the number of hours worked each day in a pay period and the pay for those hours:

(d)

the employee’s current entitlement to annual holidays:

(e)

the date on which the employee last became entitled to annual holidays:

(f)

the employee’s current entitlement to sick leave:

(g)

the dates on which any annual holiday, sick leave, bereavement leave, or family violence leave has been taken:

(h)

the amount of payment for any annual holiday, sick leave, bereavement leave, or family violence leave that has been taken:

(ha)

the portion of any annual holidays that have been paid out in each entitlement year (if applicable):

(hb)

the date and amount of payment, in each entitlement year, for any annual holidays paid out under section 28B (if applicable):

(i)

the dates of, and payments for, any public holiday on which the employee worked:

(j)

the number of hours that the employee worked on any public holiday:

(ja)

the day or part of any public holiday specified in section 44(1) agreed to be transferred under section 44A or 44B and the calendar day or period of 24 hours to which it has been transferred (if applicable):

(k)

the date on which the employee became entitled to any alternative holiday:

(l)

the details of the dates of, and payments for, any public holiday or alternative holiday on which the employee did not work, but for which the employee had an entitlement to holiday pay:

(m)

the cash value of any board or lodgings, as agreed or determined under section 10:

(n)

the details of any payment to which the employee is entitled under section 61(3) (which relates to payment in exchange for an alternative holiday):

(o)

the date of the termination of the employee’s employment (if applicable):

(p)

the amount paid to the employee as holiday pay upon the termination of the employee’s employment (if applicable):

(q)

any other particulars that may be prescribed.

(3)

The holiday and leave record must be kept—

(a)

in written form; or

(b)

in a form or in a manner that allows the information in the record to be easily accessed and converted into written form.

(3A)

If an employee’s number of hours worked each day in a pay period and the pay for those hours are agreed and the employee works those hours (the usual hours), it is sufficient compliance with subsection (2)(c) if those usual hours and pay are stated in—

(a)

the employee’s wages and time record kept under section 130 of the Employment Relations Act 2000; or

(b)

the employee’s employment agreement; or

(c)

a roster or any other document or record used in the normal course of the employee’s employment.

(3B)

In subsection (3A), the usual hours of an employee who is remunerated by way of salary include any additional hours worked by the employee in accordance with the employee’s employment agreement.

(3C)

Despite subsection (3B), the employer must record any additional hours worked that need to be recorded to enable the employer to comply with the employer’s general obligation under section 4B(1) of the Employment Relations Act 2000.

(4)

Information entered in the holiday and leave record must be kept for not less than 6 years after the date on which the information is entered.

(5)

The holiday and leave record may be kept so as to form part of the wages and time record required to be kept under section 130 of the Employment Relations Act 2000.

Compare: 1981 No 15 s 31

Section 81(1): repealed, on 1 April 2016, by section 9(1) of the Holidays Amendment Act 2016 (2016 No 10).

Section 81(2): amended, on 1 April 2016, by section 9(2) of the Holidays Amendment Act 2016 (2016 No 10).

Section 81(2)(c): replaced, on 1 April 2016, by section 9(3) of the Holidays Amendment Act 2016 (2016 No 10).

Section 81(2)(g): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 81(2)(g): amended, on 1 April 2019, by section 34 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 81(2)(h): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 81(2)(h): amended, on 1 April 2019, by section 34 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 81(2)(ha): inserted, on 1 April 2011, by section 16(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 81(2)(hb): inserted, on 1 April 2011, by section 16(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 81(2)(ja): inserted, on 1 April 2011, by section 16(2) of the Holidays Amendment Act 2010 (2010 No 126).

Section 81(3A): inserted, on 1 April 2016, by section 9(4) of the Holidays Amendment Act 2016 (2016 No 10).

Section 81(3B): inserted, on 1 April 2016, by section 9(4) of the Holidays Amendment Act 2016 (2016 No 10).

Section 81(3C): inserted, on 1 April 2016, by section 9(4) of the Holidays Amendment Act 2016 (2016 No 10).