Termination Pay Query when person is off on Non-Work ACC

Q: I have a permanent staff member who has resigned effective 13.10.2023.

She has been off due to a Non-Work Accident.

Her last day worked was Monday 28 August

She was paid Sick Leave (for the first week) from Tues 29 August to Mon 4 September.

She has since used 1 day sick (to top up ACC) on Fri 15 Sept and ½ day sick on Fri 29 Sept.

She has 13 days of Annual Leave Entitlement owing to her.

I wasn’t sure if the time off on a Non-Work accident had an impact on the final pay calculation.

My question: Is she entitled to be paid for Labour Day as her AL entitlement extends beyond that Public Holiday?


A: ACC (even non-work) is counted as continuous employment, so in the termination pay leave it is still calculated under the greater of AWE and OWP. 

So, if she has 13 days of annual holiday entitlement then it does extend forward from the termination date.

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