The Holidays Act 2003 promotes a healthy balance of work and life for employees in New Zealand. The Act sets out the minimum entitlements provided to employees which include:
The amount of holiday pay a New Zealand employee receives must be calculated each time the employee goes on holiday. This is because the rate of pay might change between payment periods.
Whether an employee takes all, or part, of their annual holidays, the way to calculate holiday pay is the same.
The greater amount of either below calculations is what the employee should receive:
To calculate an employee’s OWP, it must include the total amount an employee receives during a normal working week along with extra payments such as commissions, overtime and allowances.
To calculate an employee’s average weekly earnings, the employer must calculate their gross earnings over the 12 month period before the end of the last payroll, and then divide this figure by 52. If the employee is entitled to extras such as salary and wages, allowances, overtime, performance payments or commissions, these must be included in the total amount.
Whether an employee resigns, retires, completes a fixed term, is made redundant or dismissed – they are entitled to their final wages and any unused annual leave entitlements. This amount is collated into the employee’s final payment period.
In some circumstances, an employee may be entitled to receive public holiday pay in New Zealand for a period after the employment has ended.
In this case, the employee has not worked long enough to be entitled to annual leave. However, they are entitled to an annual leave payment equal to 8% of their gross earnings during the employment period.
In this case, the employer must do two different calculations to work out their total annual leave payment:
Any annual leave already taken or cashed out are not to be included in the final amount.
For advice on how to calculate holiday pay in and for more information on the Holidays Act 2003, contact Employsure on 0800 675 700.