Can I require my employees to take annual leave if the workplace is closed?
You can require workers to take annual leave on at least 14 days' notice (S.19 Holidays Act), if you are unable to reach an agreement with your employee about when the leave will be taken. This only applies to annual leave that the employee is entitled to on each anniversary of the date they commenced employment. However, in a pandemic there are likely to be short timeframes for making decisions about how to keep your business running or whether it needs to close. For example, you and your employees may come to an agreement that in a pandemic your employees take annual leave on less than 14 days' notice.
If your employee refuses to take annual leave on less than 14 days' notice you cannot require them to.
See also information on Varying an Employment Agreement, Holidays and Problem Solving
This advice is given as a guide. Employees and employers are advised to seek their own advice depending upon the circumstances they face.
Date Modified: Thursday, March 31, 2011
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice. State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
