(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 , 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.
