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Pay for leave and holidays guidance

It’s the employer’s responsibility to give employees the correct pay and entitlements for leave and holidays. Our guidance document may be helpful.

The Ministry of Business, Innovation and Employment (MBIE) has published new guidance intended to help employers, employees and payroll providers in applying aspects of the Holidays Act 2003 (the Act), as part of its work to address problems related to non-compliance.

The document provides guidance about the annual holidays provisions to help:

  • employers understand and meet their obligations
  • employees understand their entitlements and make sure they are receiving them
  • professional service providers support employers to meet employer obligations – and employees to receive their entitlements – under the Act.

The guidance document does not override the legal obligations employers have under the Holidays Act 2003, and must be read alongside the law.

Holidays Act 2003: Guidance on annual holidays and related provisions [PDF 1.1MB]

For more help on applying the Holidays Act 2003, see Leave and holidays or contact us. If you’re still unsure of how to apply any aspect of the Holidays Act 2003, you should seek independent legal advice.

The guidance document is being released in two parts. The first part focuses on annual holidays, and the second part focuses on public holidays, alternative holidays, sick leave and bereavement leave. This will be available from October 2017.

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