Holiday pay on termination NZ: Final Pay Entitlement Rules
The Final Pay Entitlement Rules carries 10 published figures read from 5 sources' own pages; the 7 published figures given by component run from 2 to 12 month, read 24 October 2026.
- 12 to 4
- 4 to 5
- 5 to 7
- 7 to 9
- 9 to 10
- 910 to 12
Bands
| Bucket | Value |
|---|---|
| 2 to 4 | 1 figure |
| 4 to 5 | 0 figures |
| 5 to 7 | 0 figures |
| 7 to 9 | 0 figures |
| 9 to 10 | 0 figures |
| 10 to 12 | 9 figures |
5 of the 10 named sources read in full publish a figure; 5 publish none, read 24 October 2026.
By service length branch and component and time
| Breakdown | Median | Range | Sources |
|---|---|---|---|
| service length branchemployment ends within 12 months | 12month | 12 to 12month | 1 |
| service length branchsecond or subsequent 12-month period not completed | 12month | 12 to 12month | 2 |
| service length branchemployment ends before annual holidays entitlement (8% of gross since commencement) | 8% | 8 to 8% | 1 |
| componentordinary weekly pay formula | 4week | 4 to 4week | 1 |
| componentannual holidays entitlement | 4week | 4 to 4week | 1 |
| componentannual holidays entitlement | 12month | 12 to 12month | 1 |
| componentcontinuous employment | 1week | 1 to 1week | 1 |
| componentpublic holidays in final pay | 12month | 12 to 12month | 1 |
| componentoverpayment recovery window | 2month | 2 to 2month | 1 |
| componentgross earnings averaging window | 12month | 12 to 12month | 1 |
| componentaverage weekly earnings divisor (unpaid leave over 1 week) | 1week | 1 to 1week | 1 |
| component8% of gross earnings where no entitlement has arisen | 8% | 8 to 8% | 1 |
| componentannual holidays at greater of ordinary weekly pay and average weekly earnings on termination | 12month | 12 to 12month | 1 |
| component8% of gross earnings since last entitlement | 8% | 8 to 8% | 1 |
| componentaverage weekly earnings divisor reduced for unpaid leave over 1 week | 1week | 1 to 1week | 1 |
| componentunused annual holidays paid at average weekly earnings over prior 12 months on termination | 12month | 12 to 12month | 1 |
| component8% of gross earnings since last entitlement arose | 8% | 8 to 8% | 1 |
| componentsick leave (not paid out on termination) | 10day | 10 to 10day | 1 |
| component8% annual holiday pay paid with regular pay (s28 conditions: fixed term under 12 months or intermittent work) | 12month | 12 to 12month | 1 |
| time4 weeks' annual holidays in force from 1 April 2007 | 4week | 4 to 4week | 1 |
| time4 weeks' annual holidays entitlement from 1 April 2007 | 4week | 4 to 4week | 1 |
Every figure, with its source
One row per published figure: the figure as the source's own page publishes it, the page, and the day it was read. A figure that is not on a page we read is not on this one.
| Source | Figure | Breakdown | Read |
|---|---|---|---|
| Holidays Act 2003, legislation.govt.nz act page | 12month | employment ends within 12 months | 2026-10-24 |
| Employment New Zealand: final pay | 12month | public holidays in final pay | 2026-10-24 |
| Employment New Zealand: Holidays Act 2003 guidance (PDF) | 12month | annual holidays entitlement | 2026-10-24 |
| Employment New Zealand: Holidays Act 2003 guidance (PDF) | 12month | gross earnings averaging window | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 12month | annual holidays at greater of ordinary weekly pay and average weekly earnings on termination | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 12month | second or subsequent 12-month period not completed | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 12month | unused annual holidays paid at average weekly earnings over prior 12 months on termination | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 12month | second or subsequent 12-month period not completed | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 12month | 8% annual holiday pay paid with regular pay (s28 conditions: fixed term under 12 months or intermittent work) | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 10day | sick leave (not paid out on termination) | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 8% | 8% of gross earnings where no entitlement has arisen | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 8% | 8% of gross earnings since last entitlement | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 8% | employment ends before annual holidays entitlement (8% of gross since commencement) | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 8% | 8% of gross earnings since last entitlement arose | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 4week | ordinary weekly pay formula | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 4week | annual holidays entitlement | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 4week | 4 weeks' annual holidays in force from 1 April 2007 | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 4week | 4 weeks' annual holidays entitlement from 1 April 2007 | 2026-10-24 |
| Wages Protection Act 1983, whole Act | 2month | overpayment recovery window | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 1week | continuous employment | 2026-10-24 |
| Holidays Act 2003, legislation.govt.nz act page | 1week | average weekly earnings divisor (unpaid leave over 1 week) | 2026-10-24 |
| Holidays Act 2003, whole Act as in force | 1week | average weekly earnings divisor reduced for unpaid leave over 1 week | 2026-10-24 |
The sentence each figure was read from (22)
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
Calculation of annual holiday pay if employment ends within 12 months
- Employment New Zealand: final pay, read 2026-10-24:
they have worked for the employer for at least 12 months and are entitled to annual holidays, and
- Employment New Zealand: Holidays Act 2003 guidance (PDF), read 2026-10-24:
• You have a minimum entitlement to four weeks’ paid annual holidays off work for rest and recreation after 12 months’ continuous employment with your employer (though
- Employment New Zealand: Holidays Act 2003 guidance (PDF), read 2026-10-24:
when assessing GE over either 12 months (for AWE) or 52 weeks (for ADP).
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
the employee’s average weekly earnings during the 12 months immediately before the end of the last pay period before the end of the employee’s employment.
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
the employee is not entitled to annual holidays for a second or subsequent 12-month period of employment because the employee has not worked for the whole of the second or subsequent 12 months for the purposes of section 16.
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
the employee’s average weekly earnings during the 12 months immediately before the end of the last pay period before the end of the employee’s employment.
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
the employee is not entitled to annual holidays for a second or subsequent 12-month period of employment because the employee has not worked for the whole of the second or subsequent 12 months for the purposes of section 16.
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
employee— is employed in accordance with section 66 of the Employment Relations Act 2000 on a fixed-term agreement to work for less than 12 months; or works for the employer on a basis that is so intermittent or irregular that it is impracticable for the employer to provide the employee with 4 weeks’ annual holidays under section 16; and the employee agrees in his or her employment agreement; and
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
An employee is entitled to 10 days’ sick leave for each of the 12-month periods specified in section 63(2).
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
the employee is not entitled to annual holidays because he or she has worked for less than 12 months for the purposes of section 16. An employer must pay the employee 8% of the employee’s gross earnings since the commencement of employment, less any amount—
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
An employer must pay the employee 8% of the employee’s gross earnings since the employee last became entitled to the annual holidays, less any amount—
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
the employee is not entitled to annual holidays because he or she has worked for less than 12 months for the purposes of section 16. An employer must pay the employee 8% of the employee’s gross earnings since the commencement of employment, less any amount—
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
An employer must pay the employee 8% of the employee’s gross earnings since the employee last became entitled to the annual holidays, less any amount—
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
if the employee’s normal pay period is longer than 4 weeks, that pay period immediately before the calculation is made
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
After the end of each completed 12 months of continuous employment, an employee is entitled to not less than 4 weeks’ paid annual holidays.
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
Subpart 2—Entitlement to 4 weeks’ annual holidays from 1 April 2007
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
Subpart 2—Entitlement to 4 weeks’ annual holidays from 1 April 2007
- Wages Protection Act 1983, whole Act, read 2026-10-24:
that overpayment is recovered not later than 2 months after that notice is given.
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
on unpaid leave for any other reason for a period of no more than 1 week; but
- Holidays Act 2003, legislation.govt.nz act page, read 2026-10-24:
If, for the purposes of subsection (2)(b), an employer and employee agree that any period of unpaid leave of more than 1 week is to be included in the employee’s 12 months of continuous employment, the divisor of 52 to be used for the purposes of calculating the employee’s average wee
- Holidays Act 2003, whole Act as in force, read 2026-10-24:
visor of 52 to be used for the purposes of calculating the employee’s average weekly earnings must be reduced by the number of whole or part weeks greater than 1 week that the employee was on the unpaid leave.
Read in full, publishes no figure
5 named sources were read in full on the dates shown and print no usable figure. They are counted, never filled in.
- Employment New Zealand: on or after the last day of employment, read 2026-09-12: every candidate on the page was refused
- Employment New Zealand: notice periods, read 2026-09-12: every candidate on the page was refused
- Employment New Zealand: deductions, read 2026-09-12: every candidate on the page was refused
- Employment Relations Act 2000, whole Act, read 2026-10-24: every candidate on the page was refused
- govt.nz: your last pay when you leave a job, read 2026-10-10: read in full and no accepted figure on the page
Methodology
Every row is a verbatim sentence read from the named source's own page through our fetch service on the date shown, hash-pinned to the stored read (the sha of the page's visible text; the raw page is mirrored to R2).
5 of the 10 named sources that could be read published a usable figure; 5 published none and are recorded as not published, never filled in; 0 could not be read (blocked, dead or unreachable) and count nowhere.
The headline figures (median, minimum, maximum, quartiles) are over ONE figure per source for each breakdown it prices, in month (a source's median where its page yielded several accepted sentences for one breakdown), so a page that gives figures for several breakdowns gives one for each and N counts 10 figures, never sentences; 314 candidate sentence(s) were refused by a reviewer with the reason recorded.
The fuller derivation this dataset is chartered to grow into (not yet what the figures above are; they are each source's own published figure as read): one row per component of a final pay (wages to the last day, unused annual holidays, the 8%-of-gross-earnings payment where no entitlement has arisen, annual holidays at the greater of ordinary weekly pay and average weekly earnings where it has, unused alternative holidays, public holidays falling in a period annual holidays would have covered, notice worked or waived, lawful deductions) against the section that sets it and the date that version came into force; the derivation is the TWO-BRANCH answer computed side by side for the same inputs - under twelve months versus over - with the cash difference stated, which is what a calculator's user is actually deciding, plus what is NOT paid out (sick leave) and the deduction a consent no longer authorises; changed-since on every amendment
314 candidate sentences on these pages were refused by a reviewer; each refusal and its reason is recorded in the review ledger.
Sources (10)
- Holidays Act 2003, whole Act as in force(the publisher's own terms; quoted for reporting and comment)
- Holidays Act 2003, legislation.govt.nz act page(the publisher's own terms; quoted for reporting and comment)
- Employment New Zealand: final pay(the publisher's own terms; quoted for reporting and comment)
- Employment New Zealand: on or after the last day of employment(the publisher's own terms; quoted for reporting and comment)
- Employment New Zealand: notice periods(the publisher's own terms; quoted for reporting and comment)
- Employment New Zealand: deductions(the publisher's own terms; quoted for reporting and comment)
- Wages Protection Act 1983, whole Act(the publisher's own terms; quoted for reporting and comment)
- Employment Relations Act 2000, whole Act(the publisher's own terms; quoted for reporting and comment)
- govt.nz: your last pay when you leave a job(the publisher's own terms; quoted for reporting and comment)
- Employment New Zealand: Holidays Act 2003 guidance (PDF)(the publisher's own terms; quoted for reporting and comment)
Cite or embed this figure
The Final Pay Entitlement Rules carries 10 published figures read from 5 sources' own pages; the 7 published figures given by component run from 2 to 12 month, read 24 October 2026.
5 of the 10 named sources read in full publish a figure; 5 publish none, read 24 October 2026.
Final Pay Entitlement Rules, service length branch employment ends within 12 months: median 12 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, service length branch second or subsequent 12-month period not completed: median 12 month across 2 sources, read 24 October 2026.
Final Pay Entitlement Rules, service length branch employment ends before annual holidays entitlement (8% of gross since commencement): median 8 percent across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component ordinary weekly pay formula: median 4 week across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component annual holidays entitlement: median 4 week across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component annual holidays entitlement: median 12 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component continuous employment: median 1 week across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component public holidays in final pay: median 12 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component overpayment recovery window: median 2 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component gross earnings averaging window: median 12 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component average weekly earnings divisor (unpaid leave over 1 week): median 1 week across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component 8% of gross earnings where no entitlement has arisen: median 8 percent across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component annual holidays at greater of ordinary weekly pay and average weekly earnings on termination: median 12 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component 8% of gross earnings since last entitlement: median 8 percent across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component average weekly earnings divisor reduced for unpaid leave over 1 week: median 1 week across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component unused annual holidays paid at average weekly earnings over prior 12 months on termination: median 12 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component 8% of gross earnings since last entitlement arose: median 8 percent across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component sick leave (not paid out on termination): median 10 day across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, component 8% annual holiday pay paid with regular pay (s28 conditions: fixed term under 12 months or intermittent work): median 12 month across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, time 4 weeks' annual holidays in force from 1 April 2007: median 4 week across 1 source, read 24 October 2026.
Final Pay Entitlement Rules, time 4 weeks' annual holidays entitlement from 1 April 2007: median 4 week across 1 source, read 24 October 2026.
Cite as: "finalpaycalculator.co.nz Final Pay Entitlement Rules", updated 2026-10-25, https://finalpaycalculator.co.nz/datasets/final-pay-entitlement-rules/.
Download the CSV (22 rows, computed 2026-10-25)