Navigating employee leave entitlements is a crucial aspect of managing a workforce in New Zealand. The country's legislation provides clear guidelines on various types of leave, ensuring employees receive adequate time off for rest, illness, family responsibilities, and other significant life events. Understanding these entitlements is essential for employers to maintain compliance and foster a positive working environment.
Properly administering leave policies, from annual holidays to specific provisions like parental or bereavement leave, requires careful attention to detail. Employers must ensure accurate calculation of entitlements, correct payment procedures, and adherence to the specific conditions outlined in the relevant acts, such as the Holidays Act 2003 and the Parental Leave and Employment Protection Act 1987.
Annual Vacation Leave
In New Zealand, employees are entitled to a minimum of four weeks of paid annual holidays after completing 12 months of continuous employment with the same employer. This entitlement accrues over the 12-month period.
- Entitlement: Four weeks of paid annual holidays per year.
- Accrual: Entitlement is earned after each 12 months of continuous employment.
- Taking Leave: Employees and employers should agree on when leave is taken. If they cannot agree, the employer can require an employee to take annual holidays with at least 14 days' notice, provided the employee has an annual entitlement owing.
- Payment: Annual holidays are paid at the rate of the employee's "ordinary weekly pay" or "average weekly earnings," whichever is higher, for the four weeks taken.
- Termination: Upon termination of employment, an employee is entitled to be paid for any untaken annual holidays accrued since their last anniversary date, plus 8% of their gross earnings since their last anniversary date (or start date if less than 12 months employment) less any annual holidays taken in advance.
Public Holidays
New Zealand observes a number of national public holidays each year. Employees are generally entitled to a paid day off on a public holiday if it falls on a day they would otherwise work.
Here are the national public holidays for 2025:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| January 2 | Day after New Year's |
| February 6 | Waitangi Day |
| April 18 | Good Friday |
| April 21 | Easter Monday |
| April 25 | Anzac Day |
| June 2 | King's Birthday |
| October 27 | Labour Day |
| December 25 | Christmas Day |
| December 26 | Boxing Day |
- Regional Holidays: In addition to national holidays, each region has its own anniversary day holiday.
- Mondayisation: If a public holiday falls on a Saturday or Sunday that is not a normal working day for the employee, the holiday is "Mondayised" and observed on the following Monday (or Tuesday if the holiday is Boxing Day or the Day after New Year's and Christmas Day or New Year's Day also fall on the weekend).
- Working on a Public Holiday: If an employee works on a public holiday that is a normal working day for them, they must be paid at least time and a half for the hours worked and be given an alternative paid day off.
Sick Leave
Employees are entitled to paid sick leave after six months of continuous employment.
- Entitlement: 10 days of paid sick leave per year.
- Accrual: The entitlement is granted after the first six months of continuous employment and on each subsequent 12-month anniversary.
- Maximum Accumulation: Unused sick leave can be carried over, up to a maximum of 20 days total entitlement at any one time (the current year's 10 days plus 10 carried over from previous years).
- Taking Sick Leave: Sick leave can be taken if the employee is sick or injured, or if their spouse, partner, dependent child, or other person who depends on the employee for care is sick or injured.
- Proof of Sickness: An employer can ask for proof of sickness or injury (like a medical certificate) if the sick leave is for three or more consecutive calendar days. The employer must pay for the cost of obtaining the proof if they require it and it is requested within the first day of absence.
- Payment: Sick leave is paid at the employee's "relevant daily pay" or "average daily pay."
Parental Leave
New Zealand provides government-funded parental leave payments and job protection for eligible employees.
- Primary Carer Leave: Eligible employees who are the primary carer of a new child are entitled to up to 26 weeks of government-funded parental leave payments. The maximum duration of paid leave is 26 weeks, but the total leave period (paid and unpaid) can be longer.
- Partner's Leave: An employee whose partner is the primary carer may be entitled to one or two weeks of unpaid partner's leave.
- Extended Leave: Eligible employees may be able to take up to 52 weeks of extended unpaid leave in addition to the paid primary carer leave.
- Eligibility: Eligibility for parental leave payments is based on the employee's work history in the 6 or 12 months leading up to the baby's due date or the child's adoption date.
- Payment: Parental leave payments are administered by the government (Inland Revenue) and are based on the employee's income, up to a maximum weekly amount. Employers do not pay the parental leave payments themselves, but they must hold the employee's job open (unless they are a small business and the employee is a key person).
Other Types of Leave
Beyond the main categories, employees in New Zealand may be entitled to other forms of leave:
- Bereavement Leave: Employees are entitled to paid bereavement leave after six months of continuous employment. The entitlement is three days for the death of a spouse, partner, parent, child, sibling, grandparent, grandchild, or the employee's spouse or partner's parent. One day of paid leave is available for other people if the employer accepts that the employee has suffered a bereavement.
- Family Violence Leave: Employees affected by family violence are entitled to 10 days of paid leave per year, separate from sick leave and annual leave.
- Jury Service: Employees summoned for jury service are entitled to time off. While the court pays a small attendance fee, employers are not legally required to pay employees while they are on jury service, though some may choose to do so.
- Study Leave: There is no statutory entitlement to study leave, but it may be provided for in employment agreements or company policy.
- Sabbatical Leave: Similar to study leave, sabbatical leave is not a statutory entitlement but may be offered by employers as a benefit, often for long-serving employees.
