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Annual Holidays and Leave


ANNUAL HOLIDAYS, HOLIDAY PAY, PUBLIC HOLIDAYS & LEAVE ENTITLEMENTS

Version 12 published August 2023

This e-book covers the following subjects including what the law is, what needs to be done and how to do it.

For information specifically on Parental Leave - click here >>

Book Contents :

INTRODUCTION TO THE HOLIDAYS ACT 2003
DO I NEED TO PUT ANYTHING IN MY EMPLOYMENT AGREEMENTS?
WHAT RECORDS DO EMPLOYERS NEED TO KEEP?
ANNUAL HOLIDAYS - LEAVE AND HOLIDAY PAY
ANNUAL HOLIDAY ENTITLEMENTS
Who is Entitled to Paid Annual Holidays/Holiday Pay?
When do employees become entitled to Annual Holidays?
Holiday Pay accrues until the employee becomes entitled to annual holidays.
After 12 Months 'Continuous Employment'
What does '4 weeks' equate to?
TAKING ANNUAL HOLIDAYS
EMPLOYERS MANAGING ANNUAL HOLIDAYS
HOLIDAY PAY
'Pay As You Go' Holiday Pay
PAYMENT OF ANNUAL HOLIDAYS - WHEN THE EMPLOYEE TAKES HOLIDAYS
When?
How Much?
Specific calculation where annual holidays arose during Parental Leave or within 12 months of the return to work.
Example Annual holidays Calculations
PAYMENT OUT OF ANNUAL HOLIDAYS ENTITLEMENT
PAYMENT FOR CLOSEDOWN PERIODS
What Is A Closedown Period?
How Often Can I Have A Closedown Period?
Closedown Notice
Can I Require Employees To Take Annual Holidays During A Closedown?
For employees who have been with you for more than 12 months
Employees who haven't worked for 12 months
Change To The Annual Holiday Date For 'new employees'
PAYMENT OF ANNUAL HOLIDAYS/HOLIDAY ENTITLEMENT WHEN THE EMPLOYMENT ENDS.
Where employment ends within the first 12 months
If employment ends after one year, you will need to carry out two calculations:
THE RELATIONSHIP BETWEEN ANNUAL HOLIDAYS AND OTHER TYPES OF LEAVE
Bereavement before or during annual holidays
Sickness/injury which arises BEFORE scheduled annual holidays
Sickness/injury DURING annual holidays
Where sick leave/bereavement leave are exhausted
Public Holidays during Annual Holidays
PUBLIC HOLIDAYS
WHICH DAYS ARE PUBLIC HOLIDAYS?
Special Rules For Public Holidays Over Christmas And The New Year
Transferring All, Or Part Of Public Holidays
WHEN CAN THE EMPLOYEE BE REQUIRED TO WORK?
WHAT ENTITLEMENTS ARISE ON PUBLIC HOLIDAYS?
PAYMENT ENTITLEMENT for working a Public Holiday
PAYMENT ENTITLEMENT where public holiday is not worked - 'stat days'
Where public holiday is not worked - and it is not a normal day of work
PAYMENT ENTITLEMENT for Public Holidays after Employment has ended
What Happens If An Employee Calls In Sick On A Public Holiday?
When is payment due?
FAQ about public holiday pay
Alternative Holidays
SICK AND BEREAVEMENT LEAVE
WHEN DOES AN EMPLOYEE BECOME ENTITLED TO SICK AND BEREAVEMENT LEAVE UNDER THE HOLIDAYS ACT 2003?
WHAT ARE THE SICK LEAVE ENTITLEMENTS UNDER THE ACT?
An employee may take sick leave if:
How much?
Notification?
ACC And Sick Leave
When Does The Act Allow You To Ask For A Medical Certificate?
What Is Proof Of Sickness/Injury?
Payment
WHAT ARE AN EMPLOYEE'S BEREAVEMENT LEAVE ENTITLEMENTS?
Bereavement - Close Relative
Bereavement - Not a Close Relative
Payment
KEY TERMS
MEANING OF 'RELEVANT DAILY PAY'
MEANING OF 'AVERAGE DAILY PAY'
MEANING OF 'GROSS EARNINGS'
MEANING OF 'ORDINARY WEEKLY PAY'
DETERMINING WHAT WOULD 'OTHERWISE BE A WORKING DAY.'


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