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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22168
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We have an employee who was pregnant and sent us an email

Customer Question

We have an employee who was pregnant and sent us an email on 9 December
'I would like to put my notice in for maternity Leave
My last day will be 23 December 2015'
Then she requested 2 weeks annual leave I paid out the annual leave without the stat days paid.
Now she is requesting the stat days paid as she has told us she did not start her maternity leave until 7 January 2016
I feel we are right in not paying the stat days but what do you think
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
Unfortunately the Holidays Act does mean she is entitled to the statutory days as she worked right up the time, and the annual leave meant, as she says, she didnt finish until January. The act says at section 5555 When payment for public holiday must be madeAn employer must pay an employee for a public holiday in the pay that relates to the pay period in which the holiday occurs.So because the annual holiday is a pay period she is entitled to this

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