"Period of employment" means the period during which a worker is employed by
an employer referred to in subsection (2), being a period computed--
(a) where
the worker has not during the employment with that employer become entitled to
any annual holiday under section 3, from the date of commencement of the
employment with that employer, or
(b) where the worker has during the
employment with that employer become entitled to any annual holiday or
holidays under section 3, from the date upon which the worker last became
entitled to an annual holiday,
"Specified period" means the period specified by an employer pursuant to
subsection (2).
(b) This section, subsections (2) and (3) excepted, shall
apply only to a worker to whom notice has been given pursuant to this section.
(c) Subsections (2) and (3) of section 3 shall not apply to a worker to whom
notice has been given pursuant to this section.
(2) Subject to subsection
(3), an employer may give notice to a worker employed in any part of the
employer's establishment that, during a period specified when giving that
notice, that establishment or part will be temporarily closed (or reduced to a
nucleus) for the purposes of giving an annual holiday or leave without pay to
the workers to whom such notice has been given.
(3) Notice pursuant to
subsection (2)--
(a) shall be given to a worker not less than one month before
the commencement of the specified period or, in the case of a worker who
commences employment less than one month before the commencement of the
specified period, on the day the worker commences employment, and
(b) shall
not be given by an employer more than once in any calendar year.
(4) Where,
immediately before the commencement of the specified period, a worker is not
entitled under section 3 to any holiday--
(a) the worker shall be given and
shall take leave without pay for the specified period, and
(ii)
the worker's ordinary pay for any special or public holiday, during the period
of the worker's leave without pay, for which the worker would be entitled to
payment under any Act, award or agreement or under the worker's contract of
employment.
(a) the
worker shall, on and from the commencement of the specified period, be given
and shall take the whole of that holiday, or
(b) where the worker and the
employer so agree, the worker shall, on and from the commencement of the
specified period, be given and shall take part of his or her holiday for a
period not less than the specified period and postpone the taking of the
balance of his or her holiday until a time to be agreed upon between the
worker and the employer.
(7) Where payment has been made to a worker pursuant
to subsection (4) or (5) the worker shall be deemed--
(a) to have completed a
year of employment for the purposes of this Act immediately before the
commencement of the specified period, and
(b) to have been given the whole of
the annual holiday to which the worker would be entitled for that year of
employment.
