New Zealand Acts

HOLIDAYS ACT 2003 - SECT 38

38 Sickness, injury, bereavement, or family violence arising before scheduled annual holidays

1 This section applies if—

a) an employee has been allowed to take annual holidays under this subpart; and

b) before taking those holidays, the employee—

i) becomes sick or injured; or

ii) has a spouse or partner or dependant who becomes sick or injured; or

iii) suffers a bereavement as described in section 69(2) ; or

iv) becomes entitled to take family violence leave under section 72C .

2 The employer must allow the employee to take—

a) any period of sickness or injury that the employee would otherwise take as an annual holiday as sick leave:

b) any period related to the bereavement that the employee would otherwise take as an annual holiday as bereavement leave:

c) any period related to the effects on the employee of family violence that the employee would otherwise take as an annual holiday as family violence leave.

History: Section 38 heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).   Section 38 heading: amended, on 1 April 2019, by section 27(1) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).     Section 38(1)(b)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).     Section 38(1)(b)(iii): amended, on 1 April 2019, by section 27(2) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).     Section 38(1)(b)(iv): inserted, on 1 April 2019, by section 27(3) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).     Section 38(1)(b)(iv): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 38(2)(c): inserted, on 1 April 2019, by section 27(4) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).     Section 38(2)(c): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).