See also ‘Annual Leave’ – All employees are entitled to holiday pay in respect of any annual leave taken and such pay shall:

  • be paid in advance of the employee taking their leave; and
  • be at a rate equivalent to the employee’s normal weekly rate; and
  • include compensation for board and lodgings where that employee received board and lodgings in the course of their employment.

 

If an employee works on a time-rate, fixed-rate or salary then their normal weekly pay would be equal to the weekly remuneration they received when they last worked before the annual leave commenced. This payment would include any regular bonus or allowance that does not vary and would also include regular rostered overtime. For employees who work on commission or on a piece-rate, the normal weekly rate is calculated as the average weekly pay over the 13 week period preceding the annual leave. Generally speaking it is fairest to use this 13 week average method for those employees who work variable hours. Time spent on annual leave, maternity leave, parental leave, force majeure leave, adoptive leave and the first 13 weeks of carer’s leave is included as time worked when calculating an employee’s holiday entitlement.

 

Employers should be aware that it is not deemed acceptable to pay an employee a ‘composite rate’ whereby their holiday pay is paid off in a piece meal fashion through the employee’s weekly, fortnightly or monthly pay. The employee is entitled to receive their holiday pay at the time they actually take their annual leave.