New Zealand Acts

HOLIDAYS ACT 2003 - SECT 24

24 Calculation of annual holiday pay if employment ends and entitlement to holidays has arisen

1 Subsection (2) applies if—

a) the employment of an employee comes to an end; and

b) the employee is entitled to annual holidays; and

c) the employee has not taken annual holidays or has taken only some of them.

2 An employer must pay the employee for the portion of the annual holidays entitlement not taken at a rate that is based on the greater of—

a) the employee’s ordinary weekly pay as at the date of the end of the employee’s employment; or

b) the employee’s average weekly earnings during the 12 months immediately before the end of the last pay period before the end of the employee’s employment.