3Annual holidays with pay

#### 3 Annual holidays with pay 3 Annual holidays with pay > > (1) Except as otherwise provided in this Act, every worker shall at the end of each year of the worker’s employment by an employer become entitled to an annual holiday on ordinary pay. > > > > Such annual holiday shall— > > > > > (a) where any such year of employment ends upon or before 30 November 1974, be of three weeks, > > > > > (b) where any such year of employment ends after 30 November 1974, be of four weeks. > > > (2) An annual holiday shall be given and taken either in one consecutive period or two periods which shall be of three weeks and one week respectively, or if the worker and the employer so agree, in either two, three or four separate periods and not otherwise. > > > (3) If the worker and the employer so agree, the annual holiday or any of such separate periods may be taken wholly or partly in advance before the worker has become entitled to the annual holiday. > > > (4) The annual holiday shall be given by the employer and shall be taken by the worker before the expiration of a period of six months after the date upon which the right to such holiday accrues: Provided that the giving and taking of the whole or any separate period of such annual holiday may, with the consent in writing of the Industrial Registrar, or Deputy Industrial Registrar appointed under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), be postponed for a period to be specified by such Registrar in any case where he or she is of opinion that circumstances render such postponement necessary or desirable. > > > (5) Except as provided in section 4 or section 4A, payment shall not be made by an employer to a worker in lieu of any annual holiday or part thereof to which the worker is entitled under this Act nor shall any such payment be accepted by the worker. > > > (6) > > > > > (a) The employer shall give each worker at least one month’s notice of the date from which the worker’s annual holiday shall be taken. > > > > > (b) The employer shall pay each worker in advance before the commencement of the worker’s annual holiday, the worker’s ordinary pay for the holiday period. > > > (7) Where the annual holiday or any part thereof has been taken before the right to the annual holiday has accrued the right to a further annual holiday shall not commence to accrue until after the expiration of the year of employment in respect of which the annual holiday or part has been so taken. > > > (8) Where any special or public holiday for which the worker is entitled to payment under any Act, award or agreement or under the worker’s contract of employment, occurs during any period of an annual holiday taken by a worker under this section, the period of the holiday shall be increased by one day in respect of that special or public holiday. > > **s 3:** Am 1958 No 28, sec 2 (a); 1964 No 31, sec 2 (b); 1967 No 50, sec 3 (a); 1974 No 97, sec 2 (b); 1983 No 91, Sch 2 (2); 1991 No 34, Sch 3; 1996 No 121, Sch 4.3 \[2\].