Holidays Act
Holidays Act
Our premier guide explaining employee minimum entitlements in regards to annual holidays, public holidays, sick leave, bereavement leave and family violence leave.
The Holidays Act 2003 provides for and protects employees’ minimum entitlements to annual holidays, public holidays, sick leave and bereavement leave.
The Act provides all employees with an entitlement to 4 weeks’ annual holiday on pay after the end of each completed 12 months of continuous employment.
The Act provides for 11 public holidays; where a public holiday falls on a day that would, but
for the public holiday, otherwise be a working day for an employee the employee is entitled to take the day as a public holiday and to be paid for that day.
The Act provides all employees with an entitlement to 5 days’ sick leave for each 12-month period beginning after the employee has completed either 6 months current continuous employment or 6 months’ work during which the employee worked for the employer at least an average of 10 hours a week and no less than 1 hour every week or no less than 40 hours in every month.
The Act provides all employees with an entitlement to bereavement leave after either 6
months current continuous employment, or 6 months’ work during which the employee
worked for the employer at least an average of 10 hours a week and no less than 1 hour every
week or no less than 40 hours in every month.
The Act requires employers to keep holiday and leave records for each employee.
The Act cannot be contracted out of but the minimum entitlements may be improved upon.
Labour inspectors have special powers under the Act and the right to make determinations
about specified matters where an employer and employee cannot agree.
The provisions of the Act are enforceable.
Penalties may be sought for specified breaches of the Act.
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