your rights at work: holidays

The rules in the Holidays Act are summarised below, including changes made by amendments to the Act in October 2004.

What holidays am I entitled to?

The Holidays Act 2003 sets out the minimum holiday and leave entitlements for all Kiwi workers. It covers:

paid annual holidays
paid public holidays
paid sick leave
paid bereavement leave

Although you and your employer can agree to more generous leave arrangements you cannot agree to arrangements that are less generous than the Holidays Act on any part of holidays or leave.

Annual Holidays

What am I entitled to?
You are legally entitled to at least four weeks' paidannual holiday after 12 months’ continuous service. You can take at least two of the four weeks annual holiday entitlement at one time.

Although you and your employer can agree to you taking paid holidays before you’ve finished the required 12 months, your employer doesn’t have to let you do this. Also, your employer can not make you take holidays in advance.

When should I get paid for my annual holidays?
You’re entitled to be paid for your annual holidays before the holiday starts, unless you agree that your normal pay arrangements will continue.

How much do I get paid for annual holidays?
Payment for annual holidays is the greater amount of either:

your "ordinary weekly pay" at the time your holiday is taken; or,
your "average weekly earnings" over the 12 months before your annual holiday is taken.

In some limited circumstances you and your employer can agree that you receive holiday pay as an additional payment each week, and do not become entitled to annual holidays. In this case, your holiday pay must be at least 8% of your normal pay and it must be shown separately on your pay slip.

For more information on "pay as you go" holiday arrangements visit our website at www.dol.govt.nz.

Public Holidays

What am I entitled to?
You are entitled to a paid day off on a public holiday if it would be on a day on which you would otherwise have worked. You can use our Holidays Online Tool to work out your entitlements on paid public holidays. See http://www.ers.govt.nz/holidays-online-tool/default.aspx

There are two groups of public holidays and each has different rules. These rules are explained below.

Group One: Christmas and New Year
- Christmas Day (25 December)
- Boxing Day (26 December)
- New Year’s Day and the day after (1 & 2 January)

If any of these days is a Saturday or Sunday:

If you don’t normally work on these days, the holiday is transferred to the following Monday or Tuesday so that you still get a paid day off if you would normally work on these days.
If you do normally work on Saturday or Sunday, you are entitled to that day off with pay.

You cannot have more than four paid public holidays over the Christmas-New Year period regardless of your work pattern.

Group Two: All other Holidays
- Waitangi Day (6 February)
- Good Friday and Easter Monday (dates vary each year)
- ANZAC Day (25 April)
- Queen’s Birthday (first Monday in June)
- Labour Day (fourth Monday in October)
- Provincial Anniversary Day (date determined locally)

All of these public holidays are celebrated on the day on which they fall. If they occur on a Saturday or Sunday, they are not transferred to another day.

You and your boss can agree to celebrate public holidays on different days, but you can’t agree to something that reduces your total number of paid public holidays.

Do I still get paid on a public holiday?
Yes. If you have a public holiday off work, and it is a day you would have normally worked, you are still paid for what you would have earned on that day.

If you work on any public holiday you are entitled to a minimum of time and a half pay for the time that you work, regardless of whether it is a day on which you would otherwise have worked (see Calculating payment for public holidays - relevant daily pay at http://www.ers.dol.govt.nz/holidays_act_2003/daily_pay.html)

Do I have to work on a public holiday?
Sometimes. But only when:

the public holiday is on a day when you would otherwise have worked, and
your Employment Agreement specifies that you can be required to work.

What happens if I work on a public holiday?
If you work on a public holiday that is a normal working day, you’re entitled to a whole day "alternative holiday" with pay at a later time.

You must always be paid at least time and a half for working on a public holiday.

What if I work shifts and rosters?
The rules for public holidays are more complex if you:

work shifts
work on call
disagree with your boss about what is "otherwise a working day" for you.

Sick Leave

What am I entitled to?
You’re entitled to at least five days’ paid sick leave a year (after the first six months of your employment). This also applies if you’re a part-time worker.

Sick leave can be used when you’re sick or injured, or when your spouse (or dependent person) is sick or injured. Unused sick leave can be carried over to later years (you can accumulate up to 20 days).
You can use our Holidays Online Tool to work out your entitlements to a sick day. See http://www.ers.govt.nz/holidays-online-tool/default.aspx

If you’re employment isn’t continuous (say you’re on a fixed-term agreement or are a casual worker), you’re still entitled to leave in some circumstances but there are special tests (see Calculating payment for sick and bereavement leave - relevant daily pay on http://www.ers.dol.govt.nz/holidays_act_2003/calculate_sick_leave.html).

What do I tell my boss if I’m sick?
If you’re off work on sick leave, you must let your boss know as soon as possible. After three days off work, your boss can ask for proof of the illness (and these three days can include the weekend).
Your boss can also ask for proof of illness within the three days if they have reasonable grounds to suspect the sick leave is not genuine, they inform you of the need to provide proof as soon as possible, and they agree to meet your reasonable expenses in getting that proof.

Do I get paid for sick leave?
Yes. You are entitled to be paid the amount you would normally get on the day you were sick (see Calculating payment for sick and bereavement leave - relevant daily pay at http://www.ers.dol.govt.nz/holidays_act_2003/sick_leave.html).

You don’t have to use sick leave for any time off for work-related accidents.

Bereavement Leave

What am I entitled to?
Bereavement leave means a time to grieve after the loss of a loved one.

If the death is of certain immediate family members (your parents, grandparents, sisters and brothers, your spouse, spouses parents… and, if you have them, grandchildren) you can have up to three days’ paid leave. You can also ask for one day’s paid leave if you have suffered a bereavement from a death outside of the above family members.

You should be paid at the rate normally paid on the day the leave is taken (see Calculating payment for sick and bereavement leave - relevant daily pay at http://www.ers.dol.govt.nz/holidays_act_2003/daily_pay.html).
You can use our Holidays Online Tool to work out your entitlements to a bereavement day. See http://www.ers.govt.nz/holidays-online-tool/default.aspx

Your Rights

What happens to my pay when I leave my job?
When you finish your job, this is what you’re entitled to:

pay for the annual holidays that you haven’t taken.
pay for alternative holidays for public holidays that haven’t been taken.
Unused sick leave or bereavement leave are not required to form part of your final payment.

You might be entitled to pay for public holidays that occur after you finish working. If it sounds confusing, give us a call free on 0800 20 90 20.

What if my boss wants to change my conditions?
If your boss wants to change your Employment Agreement in any way, make sure that you understand the changes before you agree to them. Remember that your boss can’t change your employment agreement without your consent. You have the right to seek advice from your union or advisor before agreeing to any change.

I’m having a problem at work - how do I get help?
Contact your union if you are a member or call the Department of Labour freephone 0800 20 90 20 during normal business hours.
For more information
Contact the Department of Labour through our website www.dol.govt.nz or call our freephone 0800 20 90 20 during normal business hours.
Our Holidays Online Tool can help you work your entitlements to a paid public holiday, sick day or bereavement leave day, including what you should be paid. See http://www.ers.govt.nz/holidays-online-tool/default.aspx

Further information & guidance

We welcome the opportunity to help you further. If you can't find an answer to your question, or you want further clarification, more detailed information or guidance on any matter covered here, please contact us. We value your query and will respond to you as quickly as possible.

Call us free on 0800 20 90 20 or visit our website at www.ers.dol.govt.nz.

The content of this document covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice.

The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, or for any errors or omissions.