What you need to know?

The Holiday act 2003 was enacted on 17-12-2003, it covers leave and holiday entitlements of an employee in his/her employment. 

Part 2 of the act covers holiday and leave entitlements

Annual Leave

All employees: part time, full time, fixed term and casual get at least:

• Section 16-20 states four weeks of paid annual holidays (annual leave) each year for rest and recreation. Some fixed-term and casual employees may get annual holidays on a ‘paid as you earn’ basis.

Public holidays:

• Section 43-61 states 11 public holidays each year are additional holiday. These are days of national, religious or cultural significance, and employees should be able to take them as leave, where possible. If an employee has to work on a public holiday that work must be paid at no less than time and a half. Per section 56 alternate holiday must be provided should the employee works on public holiday.

Sick leave

Section 65-68 An employee is entitled to five paid days of sick leave per year if:

• they have six months’ current continuous employment with the same employer, or
• they have worked for the employer for six months for:
• an average of 10 hours per week, and
• at least one hour in every week or 40 hours in every month.

Bereavement leave

Section 69 All employees (permanent, fixed-term, part-time and casual) can use bereavement leave if they have worked for the employer for 6 months for:

• an average of 10 hours per week, and
• at least one hour in every week or
• 40 hours in every month.

Payment for annual holidays is calculated differently from payment for public holidays, bereavement leave and sick leave (and employers must make sure that each is calculated correctly).

A Labour Inspector may enforce the minimum rights in the Holidays Act 2003. Per Section 75 Penalty for non-compliance

(a) if the employer is an individual, to a penalty not exceeding $10,000:

(b) if the employer is a company or other body corporate, to a penalty not exceeding $20,000.

Reference: Holiday Act 2003

Web: Employment.govt.nz