Holidays Act 2003

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


Subsection (2) applies if—


the employment of an employee comes to an end; and


the employee is not entitled to annual holidays for a second or subsequent 12-month period of employment because the employee has not worked for the whole of the second or subsequent 12 months for the purposes of section 16.


An employer must pay the employee 8% of the employee’s gross earnings since the employee last became entitled to the annual holidays, less any amount—


paid to the employee for annual holidays taken in advance; or


paid in accordance with section 28.

Section 25(2): amended, on 1 April 2007, by section 42.