public holidays - holidays act 1981

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By law, every employee is entitled to not less than 11 public holidays each year, which should be paid holidays for the employee when they fall on days of the week on which the employee would otherwise have worked. This includes all employees, regardless of whether they are full-time, part-time or casual. Public holidays are in addition to paid annual leave days.

Unless the employment agreement provides for other days, or the employee and employer concerned agree to other days, the 11 public holidays are:

• Christmas Day
• Boxing Day
• New Year’s Day
• Second of January (or another day in its place)
• Waitangi Day
• Good Friday
• Easter Monday
• Anzac Day
• Queen’s Birthday
• Labour Day
• the anniversary of the province in which the employee is employed.

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Public holiday rights

An employee does not have to work on public holidays unless the employment agreement provides for this or they agree to do so. Payment for a public holiday depends on: -

If an employee has the public holiday off, and it is their normal working day they receive payment as if it was an ordinary working day.

If an employee works on a public holiday and it is their normal working day (except Anzac Day and Waitangi Day which has special rules), they are entitled to another paid day off in lieu, as well as whatever pay has been agreed to for working on the public holiday. Payment for a day in lieu is that which would have been paid on the day the employee actually takes off as their day in lieu.

If an employee agrees to work on a public holiday that is not an ordinary working day, payment above
normal rates of pay or a day in lieu is by agreement with the employer.There are special rules for Waitangi Day and Anzac Day. Employers have to provide a day off in lieu only if an employee works for ordinary pay on these days. If an employee works for more than ordinary pay, the employer does not have to give a day off in lieu.

By agreement, employees or unions and employers can agree to extra holidays as well as the 11 public holidays. Employees or unions and employers can agree to ordinary or higher rates of pay for working on these holidays.

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How long does an employee have to work before being entitled to a public holiday?

There is no minimum entitlement period. The Holidays Act 1981 states solely, that to be entitled to a paid day off on a public holiday, that day must have fallen on a day that would otherwise have been a day of work for the employee concerned.

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This page was last updated on: 26-Apr-2005 and is current.