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Guide to Holidays Act 1981

Note: This is the text of the old Act that remains in force until 31st March 2004. From 1st April 2004 leave is governed by the Holidays Act 2003

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Section 7A Public Holidays

In Plain English
  • Every employment contract must allow the eleven stipulated public holidays in addition to three weeks annual leave.

  • The employee must be paid for these public holidays if they are observed on a day they would otherwise work.

  • It is legal to negotiate an employment contract that substitutes different days to those specified, provided there are still eleven days allowed.

  • Provincial Anniversary Days are always observed on a Monday as required by Section 8.

  • Christmas Day, Boxing Day, New Year's Day and the Day After New Years are never observed on a Saturday or Sunday as required by Section 9.

  • Good Friday always falls on a Friday and is observed that day.

  • Easter Monday, Queens Birthday and Labour Day always fall on a Monday and are observed that day.

  • Waitangi and Anzac Days are always observed the day they fall, even if a Saturday or Sunday.


Legislation

7A.1 Every employment contract shall provide, in relation to every worker bound by it, for the grant to the worker in each year of not less than 11 whole holidays which shall, where they fall on days that would otherwise be working days for the worker, be holidays, on pay, in addition to annual holidays.

7A.2 Unless the employment contract otherwise provides or a worker and the worker's employer otherwise agree, the holidays provided for pursuant to subsection (1) of this section shall include

(a) Christmas Day:

(b) Boxing Day:

(c) New Year's Day:

(d) The second day of January (or some other day in its place):

(e) Good Friday:

(f) Easter Monday:

(g) ANZAC Day:

(h) Labour Day:

(i) The birthday of the reigning Sovereign:

(j) Waitangi Day:

(k) The day of the anniversary of the province (or some other day in its place).]

This section was inserted by s. 5 of the Holidays Amendment Act 1991.

Alphabetical index to entire website Index to legal articles Index to the Holidays Act Previous section Back to top Next section
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More on the Holidays Act
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Alphabetical index to entire website Index to legal articles Back to top
More on Public Holidays
 Public Holiday Taken  Christmas New Year 2006/2007
 Public Holiday Worked  Labour Day 2006
 Sick Leave On Public Holiday  Queen's Birthday 2006
 Default Provincial Anniversary  ANZAC Day 2006
 Public Holiday Calendar  Public holiday entitlements
 Easter 2006  Employment Relations Service FAQ's
 Waitangi Day 2006  Allowing days in lieu
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Updated: 27th February 2006
Published: 10th January 2000
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