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- Overview
Types of leave in New Zealand
All employees are entitled to four weeks holiday leave or Annual Leave per each 12 months of employment.
Starting in July 2021, employees in New Zealand are entitled to ten days sick leave after six months of continuous employment with the same employer or if they have worked with the same employer for six months and an average of 10 hours per week or one hour in every week or 40 hours in every month.Sick leave is available if the employee, their spouse, partner, dependent child or other person depending on them for care is ill or injured. Leave must be requested at the earliest possible time. The employer may request proof of illness or injury.
Employees in New Zealand are entitled to bereavement leave of one or more days after six months of continuous employment with the same employer or if they have worked with the same employer for six months and an average of 10 hours per week or one hour in every week or 40 hours in every month. The types of bereavement leave available include:- Three days of paid bereavement leave on the death of a spouse, parent, child, sibling, grandparent, grandchild or spouse's parent- One day of paid bereavement leave on the death of any other person if the employer accepts the employee has suffered a bereavement as a result of death- Three days' bereavement leave on the end of your or another person’s (partner, former partner, primary carer) pregnancy by way of stillbirth or miscarriage
Employees may be eligible for paid and unpaid parental leave depending on whether they meet the 6 month or 12 month employment test (as set out below). As well as giving birth to a child, parental leave is available on the adoption or assumption of permanent primary care of a child under six years.Parental leave falls into six categories: Primary carer leave (also Maternity Leave), Partner's leave, Special leave, Preterm baby leave, Negotiated carer's leave; and Extended leave.Eligibility is based on the following:- 6 month employment test: An employee has been employed by the same employer for at least an average of 10 hours a week in the 6 months just before the due date of the baby or the date they or their partner becomes the primary carer of the child under 6 permanently.- 12 month employment test: An employee has been employed by the same employer for at least an average of 10 hours a week in the 12 months just before the due date of the baby or the date they or their partner becomes the permanent primary carer of the child under 6.
Female employees are entitled to 26 weeks of maternity leave and are paid $754.87 by the government per week before tax. Mothers who suffer from a miscarriage or a stillbirth are also entitled to three days of paid leave.Primary carer leave can begin up to 6 weeks before the due date.
Partners are given one-week unpaid leave after six months with the employer and two weeks of unpaid leave after 12 months with the same employer. Leave can be taken any time within 21 days before or after the birth. Fathers who suffer from a miscarriage or a stillbirth are also entitled to three days of paid leave.
A pregnant employee can take up to 10 days of unpaid special leave for their pregnancy.
If a pregnant employee gives birth to a child before the 36th week of pregnancy, additional leave can be taken for up to 13 weeks or until the end of the 36th week.
If an employee is not entitled to primary carer or parental leave, they can request a leave period. The employer must consider the request and notify the employee with a response.
Employees who have worked with the same employer for 12 months are entitled to up to 52 weeks of unpaid extended leave. Extended leave entitlement includes any primary carer leave taken (currently up to 22 weeks). Extended leave can be shared with a partner for a total of up 52 weeks.
- Domestic Violence Leave: Employees are entitled to ten days paid domestic violence leave after six months of continuous employment or if they have worked for six months for an average of 10 hours per week or at least one hour in every week or 40 hours in every month. Domestic violence is violence of any kind in families or intimate relationships. This includes physical, mental and emotional violence. The leave does not depend on when the violence took place. Employers may ask for proof of domestic violence.- Stress Leave: An employer may grant leave for work-related stress as part of their obligation to provide a safe work environment. Stress leave may take the form of sick leave or as another negotiated leave. Employers may ask for proof of stress or request an employee seek medical help, but the employee does not need to provide this.- Leave Without Pay (LWOP): Leave Without Pay can be granted when an employee takes time off without compensation. Common reasons for LWOP are when an employee needs time off for a holiday or illness and they do not have enough Sick Leave or Annual Leave to cover the absence. Other reasons could be for a sabbatical or similar period of study. Employees must get employer permission to take LWOP.- Defence Force Volunteers: Employers must grant leave to employees in the Armed Forces for voluntary training or service and for active service. The leave does not need to be paid. The employer must hold the employee’s job during times of service.- General Election Voting Leave: Employers must grant leave for general parliamentary election voting if you are or are qualified to be registered as an elector or if you don’t have enough time to vote before work.- Jury Service Leave: Employers must grant employees time off for jury service and hold their jobs if they are called by the Ministry of Justice.