Leave & Safety
How do I manage leave and ensure the health and safety of my staff?
What is employee leave?
It is important to know the different types of leave your employees are entitled to as well. Leave and holidays can include (but are not limited to):
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annual leave,
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public holidays,
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sick leave,
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bereavement leave, and:
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parental leave.
It is important to note that granting additional leave above the minimum requirements, whether it’s annual leave, sick leave or other, can help support the wellbeing of your employees and can aid in their retention. Going beyond minimum legal entitlements can be a strong motivator for why good employees want to work with you as well. You may consider this as part of your employee benefits to attract great workers, or on a compassionate basis when an unforeseen situation arises (e.g. longer bereavement leave for a loss of someone close, longer sick leave for serious illness).
Annual leave
Employees are entitled to annual leave. Full-time employees are entitled to a minimum of four weeks of paid annual leave each year. This allows them to take a break, recharge, and spend time with their whānau.
An employee is entitled to their annual leave when they have worked continuously for you for 12 months. However, you can choose to allow employees to take annual leave before then as part of an employee benefit. In the 12 months before entitlement, annual leave is accrued over the time of their employment.
You can find more information on how annual holiday entitlements work and how to calculate them here.
For casual employees and fixed term employees less than 12 months, the employee can agree to be paid holiday as ‘pay-as-you-go’. This means that instead of accruing leave, the employee gets 8% of their total earnings paid as holiday pay along with their regular wages each payday. This can be a simple and convenient way to handle holiday pay for short-term or irregular work. For more details, please see here.
Public holidays
Employees are entitled to all 12 New Zealand public holidays (see a list here). If an employee does not work the public holiday, and it is their normal working day, it is expected they are paid what they would have received if they had worked that day.
If your employee needs to work on a public holiday, they are entitled to time and a half pay for the hours worked, plus, they should also get an alternative holiday day, often called a 'day in lieu' unless they do not usually work on the day the public holiday falls on. This rule applies to casual workers as well, ensuring fair treatment for everyone.
If an employee does not usually work the day of a public holiday and continues to not work that day, they are not entitled to any additional pay or an alternative holiday.
More information on public holiday entitlements and considerations can be found here.
Sick leave
Sick leave helps ensure that your team can take care of their health without worrying about losing pay. All employees, whether they are full-time, part-time, or casual, are entitled to 10 days of sick leave each year once they:
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have been working for you continuously for 6 months, or
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they have worked for you for a period of 6 months for:
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an average of 10 hours per week, and
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at least one hour in every week or 40 hours in every month.
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Sick leave can accumulate up to 20 days in total. You can request proof of sickness or injury through a medical certificate from a doctor chosen by your employee. If an employee has been absent for more than 3 days in a row and you want to request a medical certificate, the cost of the GP visit then falls on the employee.
For more details on how to calculate sick leave and what it covers can be found here.
Bereavement (Tangihanga) leave
Bereavement leave can be taken at any time and for any purpose related to the bereavement. It doesn’t have to be taken straight away or on consecutive days, giving your employees the flexibility they need during difficult times. The amount of bereavement leave an employee is entitled to depends on their circumstances:
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Three days: For the passing of immediate family members or in the case of a miscarriage or stillbirth
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One day: For any other type of bereavement, if you accept their circumstances, keeping in mind the principle of good faith.
As an employer, you can be flexible with the number of days you provide for bereavement leave. For Māori employees, there may be cultural expectations to attend tangihanga, a Māori ceremony for mourning that can last several days. In this circumstance you may want to consider providing additional bereavement leave above minimum requirements.
For more information on entitlements and other circumstances, you can find additional details here.
Parental leave
Employees are entitled to take time off for parental leave if they meet the requirements. For primary caregivers, the requirements to be eligible for parental leave are that they have worked for you:
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for an average of at least 10 hours a week, and
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for at least 6 months.
Other types of care, such as partners leave and extended leave have different requirements which must be met (see here for more information).
For primary caregivers, if they meet the requirements they are eligible for up to 26 weeks of leave, with the option to request extended leave if needed. The law does not require employers to pay their employees during parental leave. However, as an employer, you have the option to 'top up' parental leave with additional pay. This can be a great way to attract and retain your staff, showing them that you value their commitment and family needs.
There are different types of parental leave to be aware of, each with its own set of rules and conditions. You can find more detailed information on these different types of parental leave here.
Other types of leave
There are also other types of leave you need to be aware of such as family violence leave, jury service leave, time off to vote, and unpaid leave. You can find more information on these types of leave here.
What is health and safety?
Having good health and safety practices is crucial to keep your staff thriving. These practices are not as hard, expensive, or time-consuming as you might think. Good health and safety measures improve worker wellbeing, boost productivity, reduce absenteeism, and ensure you meet your legal responsibilities.
Under the law, businesses must look after the health and safety of their workers. This means providing a safe working environment and taking steps to prevent accidents and injuries. Health and safety has large legal implications if it is not done correctly. This section does not cover the full extent of your responsibilities as an employer as many resources already exist to help you in your journey.
Key Resource
Worksafe New Zealand, the government run health and safety regulator, has developed key resources to help food and fibre meet their health and safety obligations.
Searching their website to find industry or sector specific information which fits your business will provide the most helpful and accurate information on how to manage health and safety.
Additional sector and industry specific information can also be found here:
Health and safety can also go beyond removing individuals from physical harm to improving overall wellbeing to support job satisfaction and productivity. This means considering how workplace culture impacts on the different areas of wellbeing; physical, cultural, social and mental. See more information in Workplace Wellbeing and Culture.