Full legislation
s.40A
Restriction on pay in lieu of holiday
(1) Subject to subsection (2), no payment of holiday pay payable under section 40 , or other sum, shall be made in lieu of the grant of a holiday. (2) Notwithstanding subsection (1), where a contract of employment of an employee is terminated, holiday pay in respect of a holiday granted as an alternative holiday or substituted holiday under section 39(2) , (2A) or (3) prior to the termination of the contract of employment but falling after such termination shall be paid to that employee as soon as is practicable but in any case not later than 7 days after the day of termination; and such holiday pay shall be calculated in accordance with section 41 as if the contract of employment had not been terminated. (Amended 137 of 1997 s. 4 ; 7 of 2007 s. 11 )