Help the community and expand your practice! Find out how.
Already registered? Login here.
Question Details: I have worked for the company for 3 months. I have voiced my concern but they have only offered to give me advanced leave. Do they need to pay me for the week that they are closed or find me work in another one of their cafes for that week?
Filed under Employment Law | 1221 View(s)
Community Law Wellington & Hutt Valley
No. The company can require you to take annual leave for the days they are closed for a holiday period or seasonal break, except for public holidays.
An employer is entitled to one closedown period each year, during which employees must take annual leave for days they would ordinarily work during that period. Public holidays won't need to be taken as annual leave, and you will be paid for them as if the company wasn't closed.
If you do not yet have an annual leave entitlement, your employer can require you to take unpaid time off during the closedown period.
An employer and employee can make other arrangements for the closedown period, such as granting paid time off without it affecting the employee's annual leave entitlement, or allowing employees to take annual leave not yet accrued, but this is at the employer's discretion.
You can find more detail here: www.dol.govt.nz
Answered 5 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
IMPORTANT NOTICE:
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.
For more information about this website, please review our
Terms of Use.