Preston Russell Law - Legal Services for Southern People

New Holidays Bill Introduced

by Mary-Jane Thomas category Employment Law

 The government has introduced a new Holidays Bill. The bill repeals and replaces the Holidays Act 1981 and reforms the law relating to holidays. The bill provides minimum standards of annual, sick and bereavement leave as well as providing for public holidays. The provisions of the bill do not prevent an employer from providing an employee with additional entitlements but employment agreements will have no effect to the extent they restrict the minimum entitlements under the bill.
The Bill:

Sets a minimum rate of time and half for public holidays and a day in lieu, although there will be an opt-out clause for those whose pay includes recognition for public holidays. Public holidays over Christmas and New Year must be transferred to the working week of the employee if those holidays fall on a Saturday or a Sunday.
Offers separate bereavement leave entitlements from the five paid sick days allowed each year.
Sets bereavement leave of three days on the death of a close family member. One day's leave would be paid for other bereavements.
Allows sick leave to be accumulated up to 15 days. Employers will not be able to require proof of entitlement to sick leave unless the employee has been absent for five or more consecutive days.
Treats Waitangi Day and Anzac Day the same as other public holidays.
Current penalties for employers who fail to comply with the Bill (of a maximum of $500) will be increased to a maximum of $5,000 for an individual and $10,000 for a company or corporation, in line with breaches under the Employment Relations Act 2000. The Bill will apply to all employers, except the Defence Force.

Submissions to the Transport and Industrial Relations Select Committee will be accepted up until Friday May 30 2003. For more information on making a submission, please click here.

If you require any more information on the Bill, please contact Mary-Jane by email (click here) or on 03 211 0080 / 027 221 0324.

Mary-Jane Thomas is Preston Russell's employment law partner. You can contact her by clicking here.