25.1 Where any person has been employed in any factory at any time during the fortnight ending on the day on which any of the whole holidays referred to in [ section 7A.2 ] of this Act occurs, each employer who employs him in a factory during that fortnight shall, subject to subsection (2) of this section, pay him for the holiday, on or before the next regular pay day after the holiday, an amount equal to one-tenth of his wages for an ordinary working day multiplied by the number of ordinary working days on which he is employed during the fortnight by that employer.

25.2 Where on any ordinary working day during the fortnight ending as aforesaid any such person has not otherwise been employed in any employment in which he is entitled to payment for the holiday, the employer who last employed him in the factory during that fortnight shall be liable to pay him in respect of each day on which he was not otherwise employed as aforesaid an amount equal to one-tenth of his wages for an ordinary working day.

25.3 For the purposes of this section, a certificate in writing by any person that he has not for any period during the fortnight ending as aforesaid been employed on an ordinary working day in any employment for which he is entitled to payment for any whole holiday referred to in [ section 7A.2 ] of this Act shall be prima facie evidence of that fact.

25.4 Notwithstanding the provisions of this section, no worker shall be entitled to receive payment under the foregoing provisions of this section for more than the equivalent of one ordinary day's wages for any such whole holiday.

25.5 For the purposes of this section, the expression "ordinary working day" includes any such whole holiday if that holiday is granted on a day on which the person concerned would normally work.

25.6 The employment of a casual worker merely for the purpose of baking, or preparing for baking, any article of food required for sale for human consumption to meet a public demand resulting from the observance of any of the said whole holidays shall not for the purposes of the foregoing provisions of this section be deemed to be employment in a factory.

25.7 Subject to [subsections (8) and (9)] of this section, every person who is actually employed in any factory on any of the said whole holidays shall, in addition to the payment to which he is entitled under the foregoing provisions of this section, be paid therefor at not less than double the ordinary rate.

25.8 Where any worker employed in or about a dairy factory or a creamery in which not more than 2 workers are regularly employed is actually employed on any of the said whole holidays he may, instead of payment therefor in accordance with subsection (7) of this section, be allowed 2 whole holidays at such time or times as the occupier may determine, being not later in any case than one month after the close of the season in which the said whole holiday occurred.

25.9 [Notwithstanding anything in subsections (7) and (8) of this section, an employment contract may include provisions that negative or vary any of the provisions of those subsections.]

Cf. 1946, No. 43, s. 28

In subss. (1) and (3) the expression ``section 7A (2)'' was substituted for the expression ``section 24 (1)'' by s. 15 (1) of the Holidays Amendment Act 1991.

In subs. (7) the expression in square brackets was substituted for the expression ``subsection (8)'' by s. 15 (2) of the Holidays Amendment Act 1991.

Subs. (9) was added by s. 15 (3) of the Holidays Amendment Act 1991.