Holidays Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Portion of annual holidays may be paid out

Heading: inserted, on 1 April 2011, by section 10 of the Holidays Amendment Act 2010 (2010 No 126).

28A Employee may request portion of annual holidays be paid out

(1)

An employee may request that his or her employer pay out a portion of the employee’s entitlement to annual holidays.

(2)

A request under subsection (1)—

(a)

must be in writing; and

(b)

may be made on 1 or more separate occasions until a maximum of 1 week of the employee’s annual holidays is paid out in each entitlement year.

(3)

If an employee makes a request under subsection (1), an employer must—

(a)

consider the request within a reasonable time; and

(b)

advise the employee in writing as to whether the employer agrees to the request; and

(c)

if the employer agrees to the request, comply with section 28B.

(4)

An employer—

(a)

may decline an employee’s request; and

(b)

is not required to provide the employee with a reason for declining the request.

(5)

In this section, entitlement year—

(a)

means a period of 12 months’ continuous employment beginning on the anniversary of the employee’s employment; and

(b)

includes a period of 12 months’ continuous employment described in section 16(2).

Section 28A: inserted, on 1 April 2011, by section 10 of the Holidays Amendment Act 2010 (2010 No 126).