Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of New Zealand. This article explains New Zealand’s leave laws, including Jury Service Leave Public holidays Family violence leave Bereavement Leave Parental leave Annual Leave Sick Leave Long Service Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Jury Service Leave | As required | Not applicable | Not applicable | No payout | No payout |
Public holidays | 11 days | Not applicable | Not applicable | Not applicable | Not applicable |
Family violence leave | 10 days per year | Annual entitlement | Not applicable | No | No |
Bereavement Leave | 3 days for immediate family | No accrual | Not applicable | Not applicable | Not applicable |
Parental leave | Up to 26 weeks | Not applicable | Not applicable | Not applicable | Not applicable |
Annual Leave | 4 weeks per year | Accrued over time | Yes | Paid out | No |
Sick Leave | 10 days per year | Accrues annually | Yes | No payout | No |
Long Service Leave | Entitlement to long service leave is based on extended service. | Accrued based on years of service. | Carryover may be allowed depending on employer policy. | Payout is usually provided upon termination. | Long service leave is typically not paid out at the end of the year. |
Employees are entitled to leave for the duration of their jury service. The length of leave will depend on the length of the trial.
Employees must notify their employer as soon as they are aware they will be required for jury service.
Jury service leave is a civic duty and does not require employer approval.
Additional quota is not applicable as the leave is granted for the duration of the jury service.
Jury service leave does not accrue; it is granted as needed.
Carry over rules do not apply to jury service leave.
Jury service leave is not subject to payout upon termination as it is not accrued leave.
There is no payout for jury service leave at the end of the year.
Employers may require evidence of jury service duty summons to approve the leave.
New Zealand observes 11 public holidays, during which employees are entitled to a day off with pay if they are days the employee would normally work.
Notice periods do not apply to public holidays as these are pre-determined days off recognized nationally.
Public holidays do not require approval as they are automatically granted off according to the law.
There are no additional quotas for public holidays; the days are set and fixed by law.
Public holidays are not accrued but are set days recognized by national law.
Carry over rules do not apply to public holidays as these are singular, specific days that cannot be altered.
There is no payout on termination for public holidays, as these benefits do not accrue.
There is no end-of-year payout for public holidays as they cannot be accumulated.
If a public holiday falls on a day an employee would normally work but the employee is on leave or sick, they are entitled to an alternative holiday (day in lieu).
Employees affected by family violence are entitled to 10 days of leave per year to manage their situation, which can be used for attending legal proceedings, counseling sessions, and other related matters.
Employees should inform their employer as soon as possible when they need to take family violence leave, though this can be at short notice due to the nature of the circumstances.
Family violence leave does not require prior approval, but an employer may require evidence to support the need for leave.
The statutory provision is for 10 days, and any additional leave must be negotiated with the employer.
The entitlement to family violence leave becomes available after six months of continuous employment, and then annually thereafter.
Family violence leave does not carry over; it resets each year.
There is no payout for unused family violence leave upon termination.
There is no end-of-year payout for unused family violence leave.
Employers are required to maintain confidentiality regarding an employee's use of family violence leave to protect their privacy and safety.
Employees are entitled to three days' bereavement leave for the death of an immediate family member and one day for other relatives, following six months of continuous employment.
Employees should inform their employer as soon as possible under the circumstances.
Bereavement leave is a right and does not typically require approval, though notification is necessary.
Additional bereavement leave is not typically available beyond the statutory entitlement unless agreed upon with the employer.
Bereavement leave does not accrue; it is granted as needed per occurrence.
Bereavement leave does not carry over as it is event-based and not accrued.
There is no payout for unused bereavement leave upon termination as it is not an accrued benefit.
There is no end-of-year payout for bereavement leave.
Immediate family typically includes spouse, parent, child, sibling, grandparent, grandchild, or spouse's parent.
Eligible employees can take up to 26 weeks of government-funded parental leave. Partners can also get 1 to 2 weeks of unpaid leave.
Employees must notify their employer at least three months before the baby's expected due date or the date they expect to start parental leave.
Parental leave does not require approval, but proper notification and evidence such as a medical certificate confirming the pregnancy are necessary.
Additional unpaid leave can be negotiated with the employer, depending on the circumstances and workplace policies.
Parental leave is a statutory right and does not accrue based on length of employment beyond the minimum eligibility period.
Carry over rules do not apply to parental leave as it is a one-time entitlement per pregnancy.
There is no payout for unused parental leave upon termination as the entitlement is related to a specific event (childbirth or adoption).
Parental leave does not have an end-of-year payout as it must be used within a specific time frame around the childbirth or adoption.
Employees are allowed up to 64 hours of 'keeping in touch' days during parental leave, allowing them to work occasional days without losing their entitlement.
Employees are entitled to four weeks of paid annual leave each year after 12 months of continuous employment.
The notice period required can vary but employees should give reasonable notice to the employer, ideally discussing in advance to plan work coverage.
Annual leave requires approval from the employer, which should not be unreasonably withheld.
Additional leave beyond the statutory quota is at the discretion of the employer and is not mandated by law.
Annual leave accrues over the year from the date of employment and can be taken once it has been accrued.
Leave can be carried over to the next year if not used, but employers can set limits on carryover to encourage taking leave.
Unused leave is paid out upon termination of employment.
There is no statutory requirement for end-of-year payout for unused annual leave; it is typically carried over.
Employers may have closedown periods where employees must take annual leave, commonly during end-of-year holidays.
After six months of continuous employment, employees are entitled to 10 days of sick leave per year, which can accumulate to 20 days.
Employees are required to inform their employer about the sick leave as soon as possible. The timing can depend on the company policy.
Sick leave does not usually require prior approval, but evidence such as a medical certificate may be required if sick leave exceeds a certain duration.
Additional sick leave beyond the accumulated entitlement is not mandated by law and depends on employer discretion.
Sick leave entitlement accrues annually from the date of entitlement and can be accumulated up to a specified cap.
Unused sick leave can be carried over to a maximum of 20 days.
Unused sick leave is not paid out upon termination of employment.
There is no end-of-year payout for unused sick leave.
Employers may require a medical certificate for a sick leave period, typically for absences of more than three consecutive days.
Employees are generally entitled to long service leave after completing a long duration of continuous employment, typically after 10 to 20 years. The entitlement depends on the employer’s policies or the employment contract, as there is no statutory obligation for long service leave under New Zealand law.
Employees are usually required to give at least a few weeks' notice before taking long service leave. The notice period varies depending on the employment agreement or company policy, with typical requirements ranging from two to four weeks.
Yes, long service leave generally requires approval from the employer. Employees must request this leave in advance, and employers have the discretion to approve or deny the request based on operational requirements or other factors.
Typically, additional long service leave is not provided beyond the set entitlement. However, some companies may offer enhanced leave benefits for employees who have exceeded the standard qualification period, but this is not a statutory requirement.
Long service leave is generally accrued over a long period of continuous employment, often at a rate of a few weeks for every 10 years of service. However, there is no statutory requirement for employers to provide long service leave, and policies vary by employer.
Carrying over long service leave is typically allowed, though some employers may have specific policies regarding its expiration or the period within which it must be taken. In most cases, unused leave may be carried over into the following year, subject to company rules.
When an employee leaves the company, whether voluntarily or involuntarily, they are typically entitled to a payout for any unused long service leave. The payout is based on the employee’s regular earnings at the time of termination and any accrued leave that was not taken.
Unlike some other types of leave, long service leave is usually not paid out at the end of the year. The payment or use of long service leave generally occurs when the employee reaches the end of their service period or leaves the company.
While not mandated by New Zealand law, some employers may offer additional long service leave benefits, such as increased leave duration for employees who have been with the company for an extended period beyond the minimum required. These benefits vary greatly depending on the employer.
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