Annual holidays – interface with other types of holidays and leave

Interface between annual holidays and public holidays

Where a public holiday falls within a period that an employee is taking as annual holidays, then that day must be treated as a public holiday and not as part of the employee's annual holidays.

Where the day of the public holiday is a day that the employee would otherwise have worked, then they will be entitled to public holiday pay at their relevant daily pay. If the employee would not have worked that day, then they will not be entitled to any payment for it.

Interface between annual holidays and sick leave

Where an employee is sick or injured (or their spouse or a dependant is sick or injured):

before commencing scheduled annual holidays, the employee is entitled to take any scheduled annual holidays as sick leave.
during annual holidays, the employee and employer may agree that the employee take the period of sickness or injury as sick leave rather than annual holidays.

Where an employee uses up their entitlements to sick leave, but then becomes or remains sick or injured, then their employer may agree to the employee taking annual holidays for the remaining period of sickness or injury. This also applies where the employee's spouse or a dependant is sick or injured. An employer cannot, however, require an employee to take annual holidays in this situation.

Interface between annual holidays and bereavement leave

Where an employee suffers bereavement before any scheduled annual holidays or during annual holidays, then the employee is entitled to take bereavement leave. The period of bereavement leave will depend on the nature of the bereavement suffered see the fact sheet on “Bereavement leave – general entitlements”. (http://www.ers.dol.govt.nz/holidays_act_2003/bereavement.html)

Where an employee requires more bereavement leave than they are entitled to under the Holidays Act 2003, their employer may agree to the employee taking annual holidays for the remaining period of bereavement. An employer cannot, however, require an employee to take annual holidays in this situation.

Further information & guidance

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