New Zealand Acts

HOLIDAYS ACT 2003 - SECT 61

61 Alternative holiday may be exchanged for payment

1 An employee may request the employer to exchange the employee’s entitlement to an alternative holiday for a payment.

2 A request under subsection (1)—

a) may be made only if 12 months have passed since the employee’s entitlement to the alternative holiday arose; and

b) may be made whether or not the employee has been required to take the alternative holiday under section 57(2) .

3 If the employer agrees to the employee’s request, the employer must pay the employee the amount agreed between the employer and the employee in exchange for the alternative holiday.

4 The employer must make the payment for the alternative holiday as soon as practicable after the employer has agreed under subsection (3).

History: Section 61(2)(b): amended, on 1 April 2011, by section 17 of the Holidays Amendment Act 2010 (2010 No 126).