Q: I have an employee who had pre-booked Annual Leave for May and prior to the leave start date has had an accident that put him on work-related ACC.
The employee has asked to cancel his Annual Leave.
I called ACC and they advised there was nothing in the legislation that says we have to agree to cancel the leave, and that the employee will need to let ACC know he is getting income.
The employee has now engaged with the union who has said it is unlawful for us to decline the employee request under section 38 of the Holidays Act (HA).
Are you able to advise as this is becoming a regular occurrence among staff.
The employee in question has an Annual Leave balance of 67 days.
A: If the employee is on ACC leave that is not sick leave under the Holidays, they are two different things so section 38 does not apply.
If the employee had booked annual and before they leave became sick then all good but this is not the situation because of being on ACC and not SL.