- Relationship break up
- Separation & divorce
- Care of children
- About Family Court
- Family violence
- Relationship property
The regularity of payments (for example, overtime or allowances) is a consideration for determining the rate you get paid when you take annual leave[1].
Some examples:
1. Tony’s usual work pattern is: Monday–Friday 10am–6pm. Tony has been working additional hours, as the team has some extra work.
Pay period | Week | Additional hours | Assessing payment for annual leave |
---|---|---|---|
Pay period 1 | Week 1 | Thursday + 2hrs Tuesday + 2hrs |
Worked OT |
Week 2 | Friday + 2hrs Tuesday + 2hrs |
Worked OT | |
Pay period 2 | Week 3 | No extra hours | OT not worked |
Week 4 | Wednesday + 3hrs | Worked OT | |
Pay period 3 | Week 5 | No extra hours | OT not worked |
Week 6 | Tony took annual leave |
In assessing the pay rate for the leave Tony took in Week 6, the Ministry remediation will use the 4-week average in place of OWP, including the OT payments for weeks 1, 2, and 4.
2. Sally works in the same team as Tony. Sally’s also working additional hours, but they're different to Tony's.
Pay period | Week | Additional hours | Assessing payment for annual leave |
---|---|---|---|
Pay period 1 | Week 1 | No extra hours | OT not worked |
Week 2 | Tuesday + 1hr | Worked OT | |
Pay period 2 | Week 3 | No extra hours | OT not worked |
Week 4 | Friday + 1hr | Worked OT | |
Pay period 3 | Week 5 | No extra hours | OT not worked |
Week 6 | Sally took annual leave |
In assessing the pay rate for the leave Sally took in Week 6, the Ministry remediation will use Sally’s standard OWP, excluding the OT payments for weeks 1 and 2.
For both examples, the 4-week average or OWP rate used will be compared with Tony and Sally’s Average Weekly Earnings (which include all OT payments) and the greater rate will be used.
If you think this approach doesn't adequately meet the entitlements for your circumstances, please send your specific information to Holidays Act Payments. so we can review how we'll address your situation.
[1] Which is the greater of Average Weekly Earnings (AWE) compared with EITHER the Ordinary Weekly Pay (OWP) OR the 4-week average.