New Zealand Acts

HOLIDAYS ACT 2003 - SECT 9A

9A Average daily pay

1 An employer may use an employee's average daily pay for the purposes of calculating payment for a public holiday, an alternative holiday, sick leave, bereavement leave, or family violence leave if—

a) it is not possible or practicable to determine an employee's relevant daily pay under section 9(1) ; or

b) the employee's daily pay varies within the pay period when the holiday or leave falls.

2 The employee's average daily pay must be calculated in accordance with the following formula:

3 To avoid doubt, if subsection (2) is to be applied in the case of a public holiday, the amount of pay does not include any amount that would be added by virtue of section 50(1)(a) (which relates to the requirement to pay time and a half).

History: Section 9A: inserted, on 1 April 2011, by section 5 of the Holidays Amendment Act 2010 (2010 No 126).   Section 9A(1): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 9A(1): amended, on 1 April 2019, by section 22 of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).