Holiday leave
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.
Calculating Annual Leave for Irregular Hours
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.
Fixed-Term and Casual Employees
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.
Carrying Over Leave
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.
Cashing Up Annual Leave
Employees have the option to cash up 1 week of their annual leave each year, provided they have the consent of their employer.
Annual Closedown Periods
If a workplace enforces an annual closedown, the annual leave requirements for that period may be deducted from the accrued leave balance.
Public holidays
New Zealand celebrates 11 national public holidays each year. In addition to these, each region observes a unique Anniversary Day.
National Public Holidays
New Zealand's national public holidays are as follows:
- New Year's Day: January 1st
- Day after New Year's Day: January 2nd
- Waitangi Day: February 6th, commemorating the signing of the Treaty of Waitangi
- Good Friday: The date varies, based on Easter
- Easter Monday: The date varies, based on Easter
- ANZAC Day: April 25th, in remembrance of fallen soldiers of Australia and New Zealand
- King's Birthday: First Monday in June
- Matariki: The date varies, based on the Maramataka, the Māori lunar calendar
- Labour Day: Fourth Monday in October
- Christmas Day: December 25th
- Boxing Day: December 26th
If a public holiday falls on a weekend, it is typically "Mondayised" and observed on the following Monday.
Regional Anniversary Days
Each region in New Zealand celebrates its own Anniversary Day, commemorating the founding of the provincial area. The dates for these vary:
- Northland: Last Monday in January
- Auckland: Last Monday in January
- Taranaki: Second Monday in March
- Hawke's Bay: Friday before Labour Day
- Wellington: Third Monday in January
- Nelson: First Monday after Labour Day
- Marlborough: First Monday after Labour Day
- South Canterbury: Fourth Monday in September
- Canterbury: Second Friday after the first Tuesday in November
- Westland: The date varies in different towns
- Otago: Third Monday in March
- Chatham Islands: First Monday in November
Types of leave
Employees in New Zealand are entitled to various types of leave, each governed by specific legislation.
Sick Leave
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.
Bereavement Leave
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.
Parental Leave
Primary Carer's Leave
Primary carers, often mothers, are entitled to up to 26 weeks of paid parental leave. Eligibility is subject to conditions.
Partner’s Paternity Leave
Partners of a primary carer are entitled to up to two weeks of unpaid leave. Some employers may offer paid partner's leave.
Other Types of Leave
Family Violence Leave
Employees affected by family violence are entitled to 10 days of paid leave per year to help deal with the effects of violence.
Jury Service Leave
Employees summoned for jury service may receive compensation from the courts. Employers are not legally obliged to pay employees during jury service.
Special Leave
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.
Important Considerations
Eligibility
Many leave types have eligibility criteria regarding the employee's length of service and employment status.
Record-Keeping
Employers must keep accurate records of employee leave taken and entitlements.
Employment Agreements
Leave provisions may be outlined in employment agreements, potentially offering conditions beyond the statutory minimums.