New Zealand Acts

HOLIDAYS ACT 2003 - SECT 33

33 Payment of annual holiday pay during closedown period for employee entitled to annual holidays

1 This section applies to an employee who, at the commencement of a closedown period, is entitled to annual holidays under section 16 .

2 To the extent that the employee has an annual holiday entitlement, the period of the closedown must be taken by the employee as annual holidays.

3 If an employee does not have an annual holidays entitlement that covers the whole period of the closedown, the employer and employee may agree that the employee—

a) may take some of the closedown period as annual holidays in advance under section 20 ; and

b) be paid for that period in accordance with section 22 .

4 The employer must pay the employee annual holiday pay calculated in accordance with section 21 .