Update to the Holidays Act

Holidays Act to be updated

The Government has recently announced amendments to holidays legislation, planned to come into effect in early 2022.

The Government has accepted all of the changes recommended by the Holidays Act Taskforce, which was established to suggest improvements to the Holidays Act 2003.
Some of the key changes, based on the Holidays Act Taskforce recommendations, include:

  • Eligible employees will be entitled to bereavement leave and family violence leave from their first day of employment.
  • Eligible employees will be entitled to one day's sick leave from their first day of employment, with an additional day given per month until the minimum entitlement is reached.
  • Bereavement leave is to be extended to include more family members, encompassing cultural family groups and modern family structures.
  • The current parental leave 'override' is removed, meaning that employees returning to work following parental leave will be paid at their full rate for annual holidays.
  • There are new rules and definitions surrounding the calculation and payment of leave entitlements.
  • Employers will be required to provide employees with payslips for each pay period. These payslips must contain the employee’s leave entitlements (used and remaining), and how these have been calculated.

Workplace Relations and Safety Minister Michael Wood commented:

“The changes put forward by the Holidays Act Taskforce will make it easier to calculate entitlements and pay, giving employees and employers certainty and transparency. Business and union representatives reached consensus on these changes and we are delivering on our election commitment to implement them.”

For further insight and to read the full Government official release, please go here.

For further information or assistance with navigating your employment law needs, please contact our Employment Team (Troy WanoRebecca Eaton and Jaye Atkin) on 06 768 3710.