New Zealand Acts

HOLIDAYS ACT 2003 - SECT 25

25 Calculation of annual holiday pay if employment ends before further entitlement has arisen

1 Subsection (2) applies if—

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

b) the employee is not entitled to annual holidays for a second or subsequent 12-month period of employment because the employee has not worked for the whole of the second or subsequent 12 months for the purposes of section 16 .

2 An employer must pay the employee 8% of the employee’s gross earnings since the employee last became entitled to the annual holidays, less any amount—

a) paid to the employee for annual holidays taken in advance; or

b) paid in accordance with section 28 .

History: Section 25(2): amended, on 1 April 2007, by section 42 .