The Holidays Act 2003 is one of NZ's most-litigated employment laws because of the "greater of" rule for paying leave: you must pay the higher of Ordinary Weekly Pay (OWP) or Average Weekly Earnings over 52 weeks (AWE). This calculator handles annual leave taken, public holidays worked or not worked, alternative day entitlements, and the 8% accrual on termination.
The Holidays Act 2003 requires that annual leave be paid at the greater of two calculated weekly rates:
Pay the higher figure. For employees with stable salary and no variable pay, OWP and AWE are usually equal. For commission earners, sales staff, or those who do regular overtime, AWE is typically higher and the rule has real teeth.
On termination, you owe two amounts: (1) accrued but untaken annual leave (full weeks earned) at the greater of OWP or AWE; PLUS (2) 8% of gross earnings since the last anniversary date for the current accrual period. The 8% covers leave accrued but not yet "earned" as a full annual entitlement.
Includes: salary, wages, allowances (except reimbursement), commission, productivity bonuses, overtime, board and lodging cash value, payments for time NOT worked but contracted for, prior holiday pay. Excludes: discretionary bonuses (genuine discretion only), reimbursing allowances, weekly ACC compensation, and ex gratia/redundancy payments.
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