61 Alternative holiday may be exchanged for payment

(1)

An employee may request the employer to exchange the employee’s entitlement to an alternative holiday for a payment.

(2)

A request under subsection (1)—

(a)

may be made only if 12 months have passed since the employee’s entitlement to the alternative holiday arose; and

(b)

may be made whether or not the employee has been required to take the alternative holiday under section 57(2).

(3)

If the employer agrees to the employee’s request, the employer must pay the employee the amount agreed between the employer and the employee in exchange for the alternative holiday.

(4)

The employer must make the payment for the alternative holiday as soon as practicable after the employer has agreed under subsection (3).

Section 61(2)(b): amended, on 1 April 2011, by section 17 of the Holidays Amendment Act 2010 (2010 No 126).