New Zealand Acts

HOLIDAYS ACT 2003

- As at 20 December 2023
- Act 129 of 2003

TABLE OF PROVISIONS

   1.      Title

   PART 1 - Preliminary provisions

   2.      Commencement
   3.      Purpose
   4.      Overview
   5.      Interpretation
   5A.     Provisions affecting application of amendments to this Act
   6.      Relationship between Act and employment agreements
   6A.     Relationship between Act and fair pay agreements
   7.      Application
   8.      Meaning of ordinary weekly pay
   9.      Meaning of relevant daily pay
   9A.     Average daily pay
   10.     Cash value of board or lodgings included in ordinary weekly pay and relevant daily pay
   10A.    Treatment of payments made under Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
   11.     Labour Inspector may determine ordinary weekly pay, relevant daily pay, and average daily pay
   12.     Determination of what would otherwise be working day
   13.     Labour Inspector may determine what would otherwise be working day
   14.     Meaning of gross earnings

   PART 2 - Holiday and leave entitlements

           SUBPART 1 - Annual holidays

   15.     Purpose of this subpart
   16.     Entitlement to annual holidays
   17.     How employee’s entitlement to annual holidays may be met
   18.     Taking of annual holidays
   19.     When employee may be required to take annual holidays
   20.     Employer may allow employee to take annual holidays in advance
   21.     Calculation of annual holiday pay
   22.     Calculation of annual holiday pay if holiday taken in advance
   23.     Calculation of annual holiday pay if employment ends within 12 months
   24.     Calculation of annual holiday pay if employment ends and entitlement to holidays has arisen
   25.     Calculation of annual holiday pay if employment ends before further entitlement has arisen
   26.     Payments may be cumulative
   27.     When payment for annual holidays must be made
   28.     When annual holiday pay may be paid with employee’s pay
           Note
   28A.    Employee may request portion of annual holidays be paid out
   28B.    Payment for annual holidays paid out
   28C.    Requirement to request payout prohibited
   28D.    Requirement to make payout prohibited
   28E.    Employer may have policy preventing payout
   28F.    Labour Inspector may determine payout
   29.     Meaning of closedown period
   30.     Frequency of closedown periods
   31.     Employer may have different closedown period for each part of business
   32.     Requirement to take annual holidays during closedown period
   33.     Payment of annual holiday pay during closedown period for employee entitled to annual holidays
   34.     Calculation of pay during closedown period for employee not entitled to annual holidays
   35.     Effect of closedown period on anniversary date of employee not entitled to annual holidays
   36.     Employer may allow employee taking annual holidays to take sick leave
   37.     Employer must allow employee taking annual holidays to take bereavement leave
   37A.    Employer must allow employee taking annual holidays to take family violence leave
   38.     Sickness, injury, bereavement, or family violence arising before scheduled annual holidays
   39.     Employer may allow employee to take annual holidays if sick leave, bereavement leave, or family violence leave exhausted
   40.     Relationship between annual holidays and public holidays

           SUBPART 2 - Entitlement to 4 weeks’ annual holidays from 1 April 2007
           Note

   41.     Purpose of this subpart
   42.     Increase in minimum annual holiday entitlement

           SUBPART 3 - Public holidays

   43.     Purpose of this subpart
   44.     Days that are public holidays
   44A.    Transferring part of public holiday
   44B.    Transferring whole of public holiday
   44C.    Employer may have policy preventing transfer
   45.     Transfer of public holidays over Christmas and New Year
   45A.    Transfer of Waitangi Day and ANZAC Day public holidays
   46.     Entitlement to public holidays
   47.     When employee required to work on public holiday
   48.     Compliance with section 46
   49.     Payment if employee does not work on public holiday
   50.     Employer must pay employee at least time and a half for working on public holiday
   51.     Transitional provision for employers who already pay for work on public holidays in employee’s regular pay
   52.     New employment agreements must include provision that complies with section 50
   53.     Existing employment agreements must include provision that complies with section 50
   54.     Questions about whether sections 50 to 53 complied with
   55.     When payment for public holiday must be made
   56.     Alternative holiday must be provided if employee works on public holiday
   57.     Requirements of alternative holiday
   58.     When employee may be required to take alternative holiday
   59.     Entitlement to alternative holiday if employee on call on public holiday
   60.     Payment for alternative holiday
   61.     Alternative holiday may be exchanged for payment
           Note
   61A.    Sickness, injury, bereavement, or family violence on public holiday

           SUBPART 4 - Sick leave and bereavement leave

   62.     Purpose of this subpart
   63.     Entitlement to sick leave and bereavement leave
   64.     Employee must notify employer of intention to take leave
   65.     Sick leave
   66.     Sick leave may be carried over
   67.     Sick leave need not be paid out
   68.     Proof of sickness or injury
   69.     Bereavement leave
   70.     Duration of bereavement leave
   71.     Payment for sick leave and bereavement leave
   72.     When payment for sick leave or bereavement leave must be made

           SUBPART 5 - Familyviolence leave
           Note

   72A.    Purpose of this subpart
   72B.    Meaning of person affected by family violence
           Note
   72C.    Entitlement to family violence leave
   72D.    When entitlement to family violence leave arises
   72E.    Employee must notify employer of intention to take family violence leave
   72F.    Family violence leave need not be paid out
   72G.    Proof of family violence
   72H.    Duration of family violence leave
           Note
   72I.    Payment for family violence leave
   72J.    When payment for family violence leave must be made

   PART 3 - Enforcement and other matters

           SUBPART 1 - Enforcement

   73.     Employer and employee obligations under Act
   74.     Who can enforce Act
   75.     Penalty for non-compliance
   76.     Proceedings by Labour Inspector or employee concerned for penalty
   76A.    Matters Authority to have regard to in determining amount of penalty
   76B.    Chief executive or Labour Inspector may enforce payment of penalty
   77.     Proceedings by Labour Inspector to recover arrears of pay
   77A.    Proceedings by Labour Inspector or employee to recover arrears of pay from person involved in failure to comply
   78.     Powers of Labour Inspector
   79.     Determinations by Labour Inspector
   80.     Labour Inspector must consult employer and employee
   81.     Holiday and leave record
   82.     Requests for access to holiday and leave record
   83.     Failure to keep or provide access to holiday and leave record

           SUBPART 2 - Other matters

   84.     Power to award interest on unpaid holiday pay or leave pay
   85.     Presumption that employment continuous if employee dismissed and re-employed within 1 month
   86.     Holiday pay and leave pay treated as salary or wages
   87.     Regulations
   88.     Transitional provision relating to annual holidays
   89.     Transitional provision relating to public holidays
   90.     Transitional provision relating to special leave
   91.     Repeals and consequential amendments
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3