Holidays Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
28B Payment for annual holidays paid out


If an employer agrees to pay out a portion of the employee’s annual holidays under section 28A(3)(c), the employer must pay the employee for that portion—


in accordance with section 21(2); and


as soon as practicable after the employer has agreed to the employee’s request under that provision.


If an employer has incorrectly paid out a portion of the employee’s annual holidays where the employee did not make a request for the payment, the employee’s entitlement to take the portion of annual holidays concerned remains in force as if the payment had not been made.

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