2 - Commencement 3 - Purpose 4 - Overview 5 - Interpretation 6 - Relationship between Act and employment agreements 7 - Application
Key terms defined
8 - Meaning of ordinary weekly pay 9 - Meaning of relevant daily pay 10 - Cash value of board or lodgings included in ordinary weekly pay and relevant daily pay 11 - Labour Inspector may determine ordinary weekly pay or relevant daily pay
Determination of what would otherwise be working day
12 - Determination of what would otherwise be working day 13 - Labour Inspector may determine what would otherwise be working day 14 - Meaning of gross earnings
15 - Purpose of this subpart
Entitlement to annual holidays
16 - Entitlement to annual holidays 17 - How employee's entitlement to annual holidays may be met 18 - Taking of annual holidays 19 - When employee may be required to take annual holidays 20 - Employer may allow employee to take annual holidays in advance
Payment for annual holidays
21 - Calculation of annual holiday pay 22 - Calculation of annual holiday pay if holiday taken in advance 23 - Calculation of annual holiday pay if employment ends within 12 months 24 - Calculation of annual holiday pay if employment ends and entitlement to holidays has arisen 25 - Calculation of annual holiday pay if employment ends before further entitlement has arisen 26 - Payments may be cumulative 27 - When payment for annual holidays must be made 28 - When annual holiday pay may be paid with employee's pay
Closedown periods
29 - Meaning of closedown period 30 - Frequency of closedown periods 31 - Employer may have different closedown period for each part of business 32 - Requirement to take annual holidays during closedown period 33 - Payment of annual holiday pay during closedown period for employee entitled to annual holidays 34 - Calculation of pay during closedown period for employee not entitled to annual holidays 35 - Effect of closedown period on anniversary date of employee not entitled to annual holidays
Relationship between annual holidays and other entitlements
36 - Employer may allow employee taking annual holidays to take sick leave 37 - Employer must allow employee taking annual holidays to take bereavement leave 38 - Sickness injury or bereavement arising before scheduled annual holidays 39 - Employer may allow employee to take annual holidays if sick leave or bereavement leave exhausted 40 - Relationship between annual holidays and public holidays
41 - Purpose of this subpart 42 - Increase in minimum annual holiday entitlement
43 - Purpose of this subpart 44 - Days that are public holidays 45 - Transfer of public holidays over Christmas and New Year
Entitlement to public holidays
46 - Entitlement to public holidays 47 - When employee required to work on public holiday 48 - Compliance with section 46
Payment for public holidays
49 - Payment if employee does not work on public holiday 50 - Employer must pay employee time and a half for working on public holiday 51 - Transitional provision for employers who already pay for work on public holidays in employee's regular pay 52 - New employment agreements must include provision that complies with section 50 53 - Existing employment agreements must include provision that complies with section 50 54 - Questions about whether sections 50 to 53 complied with 55 - When payment for public holiday must be made
Alternative holiday
56 - Alternative holiday must be provided if employee works on public holiday 57 - Requirements of alternative holiday 58 - When employee may be required to take alternative holiday 59 - Entitlement to alternative holiday if employee on call on public holiday 60 - Payment for alternative holiday 61 - Alternative holiday may be exchanged for payment
Relationship between public holidays and other entitlements
61A - Sickness injury or bereavement on public holiday
62 - Purpose of this subpart
Entitlement to sick leave and bereavement leave
63 - Entitlement to sick leave and bereavement leave 64 - Employee must notify employer of intention to take leave
Sick leave
65 - Sick leave 66 - Sick leave may be carried over 67 - Sick leave need not be paid out 68 - Proof of sickness or injury
Bereavement leave
69 - Bereavement leave 70 - Duration of bereavement leave
Payment for sick leave and bereavement leave
71 - Payment for sick leave and bereavement leave 72 - When payment for sick leave or bereavement leave must be made
73 - Employer and employee obligations under Act 74 - Who can enforce Act 75 - Penalty for non-compliance 76 - Proceedings by Labour Inspector for penalty 77 - Proceedings by Labour Inspector to recover arrears of pay 78 - Powers of Labour Inspector 79 - Determinations by Labour Inspector 80 - Labour Inspector must consult employer and employee
Holiday and leave record
81 - Holiday and leave record 82 - Requests for access to holiday and leave record 83 - Failure to keep or provide access to holiday and leave record
84 - Power to award interest on unpaid holiday pay or leave pay 85 - Presumption that employment continuous if employee dismissed and re-employed within 1 month 86 - Holiday pay and leave pay treated as salary or wages 87 - Regulations
Transitional provisions relating to entitlements under Holidays Act 1981
88 - Transitional provision relating to annual holidays 89 - Transitional provision relating to public holidays 90 - Transitional provision relating to special leave 91 - Repeals and consequential amendments
Holidays Act 2003
52 week history not required
Holiday pay entitlements