Holidays Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
24 Calculation of annual holiday pay if employment ends and entitlement to holidays has arisen


Subsection (2) applies if—


the employment of an employee comes to an end; and


the employee is entitled to annual holidays; and


the employee has not taken annual holidays or has taken only some of them.


An employer must pay the employee for the portion of the annual holidays entitlement not taken at a rate that is based on the greater of—


the employee’s ordinary weekly pay as at the date of the end of the employee’s employment; or


the employee’s average weekly earnings during the 12 months immediately before the end of the last pay period before the end of the employee’s employment.