Understand the regulations on vacation and other types of leave in New Zealand
In New Zealand, every employee has the right to a minimum of 4 weeks' paid annual leave after each 12 months of continuous employment with a company. The annual leave entitlement begins on the anniversary date, which is the date when the employee started working for the employer.
For employees with fluctuating weekly work hours, the employer can determine what constitutes 4 weeks' leave in agreement with the employee. This agreement should be clearly outlined in the employment contract.
Part-time, fixed-term, or casual employees are generally entitled to a pro-rata share of annual leave based on the hours they have worked. If an employee is on a fixed-term contract for less than 12 months, they are entitled to receive 8% of their gross earnings as holiday pay when the contract ends.
Any unused annual leave automatically carries over to the next year. However, employers can request that the employee use this leave within a reasonable timeframe.
Employees have the option to cash up 1 week of their annual leave each year, provided they have the consent of their employer.
If a workplace enforces an annual closedown, the annual leave requirements for that period may be deducted from the accrued leave balance.
New Zealand celebrates 11 national public holidays each year. In addition to these, each region observes a unique Anniversary Day.
New Zealand's national public holidays are as follows:
If a public holiday falls on a weekend, it is typically "Mondayised" and observed on the following Monday.
Each region in New Zealand celebrates its own Anniversary Day, commemorating the founding of the provincial area. The dates for these vary:
Employees in New Zealand are entitled to various types of leave, each governed by specific legislation.
After six months of continuous employment, employees are entitled to 10 days of paid sick leave per year. This leave can be used for personal illness or injury, or to care for a dependent.
Employees are entitled to three days of paid bereavement leave following the death of a close family member, and one day for other defined circumstances.
Primary carers, often mothers, are entitled to up to 26 weeks of paid parental leave. Eligibility is subject to conditions.
Partners of a primary carer are entitled to up to two weeks of unpaid leave. Some employers may offer paid partner's leave.
Employees affected by family violence are entitled to 10 days of paid leave per year to help deal with the effects of violence.
Employees summoned for jury service may receive compensation from the courts. Employers are not legally obliged to pay employees during jury service.
Circumstances may arise where additional types of leave might be available, including Defence Force Leave for members of volunteer forces, Leave Without Pay at the employer's discretion, and Stress Leave, which is generally handled under sick leave provisions.
Many leave types have eligibility criteria regarding the employee's length of service and employment status.
Employers must keep accurate records of employee leave taken and entitlements.
Leave provisions may be outlined in employment agreements, potentially offering conditions beyond the statutory minimums.
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