Leave and break entitlements in New Zealand
Employee leave and break entitlements are essential elements of workplace rights and conditions in New Zealand. They ensure that employees have the necessary time to rest, recharge, and address personal or family matters without the fear of losing income. Whether you're a new employee, an employer, or someone considering moving to New Zealand for work, it's important to understand the various types of leave and break entitlements that are legally required. This blog will take you through the most common types of leave, breaks, and the legal requirements around them in New Zealand.
1. Annual Leave
What is Annual Leave?
Annual leave, also known as paid holiday leave, is one of the most important entitlements for employees in New Zealand. It provides workers with the opportunity to take time off from work for rest, relaxation, or personal activities, without losing income.
Legal Entitlement
Minimum Entitlement: All full-time employees in New Zealand are entitled to at least 4 weeks (or 20 days) of paid annual leave per year after 12 months of continuous employment.
Part-time Employees: If you work part-time, your annual leave is calculated based on the number of hours you work.
Public Holidays: Public holidays that fall within your leave period are not counted as part of your annual leave.
Employees can take annual leave at any time, but it must be agreed upon with the employer. This ensures that the employer can manage staffing requirements while respecting the employee's right to time off.
Accruing Leave
Annual leave accrues over time, meaning that the longer you work for the same employer, the more annual leave you accumulate. Employees also accrue annual leave during periods of sick leave or parental leave, provided they are on paid leave.
2. Sick Leave
What is Sick Leave?
Sick leave is a type of leave that employees can take when they are unwell and unable to work. It helps ensure that workers can recover without the pressure of losing pay or their job.
Legal Entitlement
Minimum Entitlement: Employees in New Zealand are entitled to 10 days of paid sick leave per year after six months of continuous employment. This is available regardless of whether the employee is full-time or part-time.
Unused Sick Leave: If employees do not use their sick leave within a year, it can accumulate, up to a maximum of 20 days. However, it’s important to note that sick leave is reset each year, and any unused days beyond 20 do not roll over.
If you’re absent from work due to illness or injury, you must notify your employer as soon as possible. Employers may request a medical certificate to verify the illness or injury if the absence is prolonged.
3. Public Holidays
What are Public Holidays?
Public holidays are specific days set by the government where employees are entitled to take time off work to celebrate or observe significant cultural, historical, or religious occasions.
Legal Entitlement
Public Holiday Pay: Employees are entitled to a paid day off on public holidays. If an employee works on a public holiday, they are entitled to at least time-and-a-half pay for the hours worked, plus an alternative day off (or "day in lieu").
Public Holidays in the Employment Agreement: Not all public holidays apply to every employee. Some may not be part of their contract, especially if the work is seasonal or based on customer demand (e.g., retail or hospitality). However, employees are entitled to the minimum public holiday entitlements, which include 11 designated days.
Designated Public Holidays in New Zealand:
New Year’s Day (1 January)
Day after New Year’s Day (2 January)
Waitangi Day (6 February)
Good Friday
Easter Monday
ANZAC Day (25 April)
Queen’s Birthday (First Monday in June)
Matariki (A Māori New Year celebration, which falls on the first Friday after the full moon in midwinter)
Labour Day (Fourth Monday in October)
Christmas Day (25 December)
Boxing Day (26 December)
Regional Anniversary Days (different date in each region)
4. Parental Leave
What is Parental Leave?
Parental leave allows employees to take time off to care for a newborn or newly adopted child. This includes maternity leave, paternity leave, and other family-related leave entitlements.
Legal Entitlement
Parental Leave: Female employees are entitled to 26 weeks of paid parental leave (for those who meet the necessary criteria). Maternity leave is available for a period of up to 1 year (unpaid), and employees can choose to return to their previous role or take time off for child-rearing.
Partner Leave: Partners of new mothers are entitled to 1–2 weeks of paid leave to support their partner during the post-birth period.
Parental Leave for Adoption: Those adopting a child are also entitled to the same leave entitlements as biological parents.
Parental leave is available to both parents, but the total amount of paid leave is capped, and each parent can apply for their portion.
5. Bereavement Leave
What is Bereavement Leave?
Bereavement leave is an important entitlement that allows employees to take time off to grieve and make arrangements following the death of a family member or close relative.
Legal Entitlement
Bereavement Leave: Employees are entitled to 3 days of paid leave if they are close to a family member (spouse, partner, child, parent, sibling, grandparent, or grandchild).
Additional Leave: In some cases, employees may be entitled to additional leave, depending on the terms of their employment agreement.
Employees may be asked to provide proof of the death, such as a funeral notice.
6. Breaks and Rest Periods
What are Breaks?
Employees in New Zealand are entitled to regular breaks during their workday, depending on the length of their shift.
Legal Entitlement
Rest Breaks: Employees who work more than 4 hours are entitled to at least 1 paid 10-minute rest break. If an employee works more than 6 hours, they are entitled to 2 paid rest breaks.
Meal Breaks: Employees who work more than 4 hours are entitled to at least 1 unpaid 30-minute meal break.
The timing and duration of breaks should be agreed upon between the employer and the employee, considering the work environment and operational requirements.
Conclusion
Understanding employee leave and break entitlements is vital for ensuring a fair, healthy, and productive work environment. New Zealand’s labor laws are designed to protect employees' rights and ensure they have time to rest and attend to personal needs, all while maintaining job security. Whether you are working in New Zealand or considering a move, it’s important to familiarize yourself with these entitlements to ensure a balanced and fulfilling work-life experience.
Employers, on the other hand, should remain diligent in adhering to these laws, not only to comply with the law but also to create a supportive and productive workplace for their staff.
