Global Marketplace Wiki
< All Topics
Print

Leave Policy – NZ

Leave and Holidays Policy

Why we have this policy

Taking time off can help you achieve a healthy balance between your work and personal life.

You can take leave for many reasons, including to go on a holiday, because you are sick or to take care of sick family members. Minimum leave entitlements come from the Holidays Act (2003). Please note, where the entitlements or practices in this Policy conflict, the applicable award, employment contract or employment law takes precedence.

Scope

This Policy applies to all Global Marketplace team members based in New Zealand. There is a separate Policy for Australia due to different legislative terms and conditions.

Taking leave

All leave requests must be mutually agreed and take into account workloads and the needs of your team and the wider business.

Leave must be approved in advance, except when you can’t anticipate your absence e.g., sick leave.

To apply or notify about taking leave please complete a Leave Request Form via Affinity, for your Manager to approve.

Annual Leave

Annual leave is an important part of your employment and allows you to be paid while having time off from work. Taking annual leave can help you maintain a healthy work/life balance. Not taking a reasonable amount of annual leave may pose a threat to your health and safety and also represents a significant financial liability for the Company.

Who is entitled to annual leave?

After 12 month’s continuous service you will be entitled to 4 weeks paid annual leave a year (pro-rata if you work part-time).

You are encouraged and it is preferred by the Company for you to take all accrued annual leave within 12 months of accruing that annual leave.

Casual workers with no set hours and workers on a fixed-term contract of less than one year, can agree to be paid an extra 8% of their gross pay instead of accruing any annual leave. The particular arrangement will be set out in your Employment Agreement upon commencement of employment.

Accruing annual leave

Leave entitlements accrue on a pro-rata basis throughout the year, are cumulative (any unused annual leave will roll over from one year to the next) and are paid out when you leave Global Marketplace.

Applying for leave

Applications for annual leave should, if possible, be made at least 4 weeks prior to the first day of your requested leave. The Company may reasonably refuse a request for annual leave ­­­­where the operational requirements of the business necessitate such a refusal.

In some circumstances, leave in advance of leave you have accrued may be approved. This would be in exceptional circumstances and is at the sole discretion of your Manager. This is also conditional on you agreeing to the Company deducting any advance in the event of termination of your employment, or you accepting leave without pay. If approved this must result in your annual leave balance being no more than 5 days negative leave.

How much leave can you take?

In accordance with the Holidays Act you may take at least 2 weeks at once if you want to. Generally, applications for leave in excess of 4 weeks will only be approved in exceptional circumstances. This is as being away from your team for such a lengthy period would place too much pressure on your colleagues and affect business operations.

As it is generally quiet due to the industry shut down over Christmas the best time to take a lengthy break from work is over Xmas / New Year. Please discuss further with your Manager, in good time, before planning a lengthy break from work to avoid disappointment.

Business Closedown

We customarily close our offices over the Christmas and New Year period. Our business, however, will continue to have customer support obligations during this time and we do run a skeleton team structure to fulfil this.

We will let you know in writing at least 14 days before any closedown, including dates and how many days’ annual leave or other leave you will need to take. Please keep this in mind when planning how to use your annual leave during the year.

Please be aware that you must take annual leave, for days that are otherwise working days for you and are not public holidays during any office closure. If you don’t have enough annual leave to cover this, we will consider other options, e.g., leave in advance or leave without pay.

Cashing in annual leave

We will consider any written request to give you a day’s pay — instead of time off — for a day of your unused leave. The most annual leave you can cash up is 1 week in each entitlement year. If we agree, we will pay you as soon as possible.

This must be at your request and no pressure will be placed on you to cash in leave. For your own health and safety, and the importance of having a break from work, we encourage you to take leave rather than cash it in.

The cash-in of Annual Leave will be considered by the Company by exception, and where it is not feasible to take leave. For your own health and safety, and the importance of having a break from work, cashing in of annual leave will be approved only in exceptional circumstances e.g., excessive annual leave balance, extreme financial hardship.

To request a cash out you need to have completed 12 months employment and to do so please make an application in writing to your Manager.

Excessive annual leave

The Company deems an annual leave balance of 40 days (8 weeks) to be excessive, which is consistent with current legislation.

Where your annual leave is excessive your Manager will meet with you to genuinely try and reach agreement with you about how to reduce your annual leave balance. They will discuss:

  • why you have so much accrued annual leave.
  • let you know you need to reduce your annual leave and have a break from work.
  • help you work out a plan for how to reduce it.

We will try to give you annual leave at a time that suits you. But if we can’t agree when you will take leave, we can require you to take it at a certain time. We will give you at least 14 days’ notice of this.

Any plan to reduce your annual leave must comply with the following:

  • your remaining annual leave balance must not be less than 6 weeks.
  • you will not be required to take a period of annual leave of less than 1 week.

Wherever possible the Company will seek to reach agreement with you before giving you a direction.

Sick leave

Sick leave lets you take paid time off work if you, your spouse, partner, dependent child or other person who depends on you is sick or injured.

Please stay home if you are sick, especially if your illness could spread to others.

All team members (including part time and casuals) are entitled to 10 days’ paid sick leave per year. This leave is available after you’ve worked for us for six months either:

  • continuously on set hours.
  • doing an average of at least 10 hours a week, and at least one hour every week or 40 hours every month.

Sick leave entitlements are not pro-rated in any way for part time team members.

You can carry over up to 10 days’ unused sick leave a year, up to a total of 20 days.

Unused sick leave is not paid out upon termination of employment.

If you have run out of sick leave you can use annual leave, or request Leave Without Pay.

Absence notification

You must notify your Manager as soon as possible if you are unable to attend work due to illness or injury and following your return to work complete a Leave Form.

Medical Certificates

We may ask for proof of illness or injury. This usually means a medical certificate from your GP. Who pays for the visit depends on how long you have been sick. If it’s less than three days in a row, we pay. If it’s three or more days, you pay.

We may also ask you to provide a Medical Certificate as part of an absence management plan, where you have been regularly absent from work.

Annual holidays

If you get sick before you are due to go on holiday, you can change the relevant amount of annual leave to sick leave.

If you get sick while you are on annual holidays, you can apply to change the relevant amount of annual leave to sick leave. We might agree — and we might ask for a medical certificate.

Workplace injuries

You don’t take sick leave if you need time off for a workplace injury. Once ACC has registered the accident, we will pay you at least 80% of your normal wages for the first week off work. 

If you are off work for more than a week, ACC will pay 80% of your usual pay. You can ask us for a day’s paid sick leave each week if you have sick leave available.

Public holidays

You are entitled to 11 paid days off a year for public holidays if they fall on days you would otherwise be working.

If you work on a public holiday, you will get a paid day off at a later date and we will pay you the greater amount, either:

  • Time and a half of your relevant or average daily pay.
  • The relevant public holiday or penal rate — set out in your employment agreement.

If you have agreed in your employment agreement to work public holidays you will have to work if we ask you to. If you have not agreed in your employment agreement to work public holidays, we can ask you to work but you don’t have to agree.

Alternative days

If you work a public holiday that would otherwise have been a working day, you get a paid day off — or alternative day — at a later date.

You can apply to take this on any day you would otherwise be working, that isn’t a public holiday. You will be given a whole paid day off — even if you worked less than a whole day on the public holiday.

If we can’t agree on the date you take it, we can decide and give you at least 14 days’ notice. If you haven’t taken your day within 12 months of the relevant public holiday, you can ask us to pay you out. If we agree, we will pay you as soon as possible.

Transferring public holidays

You can transfer some or all of a public holiday to another working day, if we both agree to it in writing.

Mondayisation

If a public holiday, e.g. Christmas Day, falls on a Saturday or Sunday that is not a day you would have worked, your public holiday will fall on the next Monday or in some cases Tuesday.

You only get one public holiday for each day.

Bereavement (Tangihanga) leave

You may be able to take paid bereavement, or tangihanga, leave if someone close to you dies or for the unplanned end to a pregnancy by miscarriage or stillbirth. You can take the leave at any time and for any purpose relating to the bereavement. It does not have to be used straight away or all at the same time. You can take the leave each time you suffer a bereavement.

This leave is available after you’ve worked for us for six months either:

  • continuously on set hours.
  • doing an average of at least 10 hours a week, and at least one hour every week or 40 hours every month.

Where this leave is available you can take up to three paid days off after: 

  • the death of an immediate family member, eg parents, child, partner, grandparents, grandchildren, brother, sister and parents-in-law. 
  • you have a miscarriage or stillbirth. 
  • someone else has a miscarriage or stillbirth and you:
  • are their partner 
  • are their former partner and would have been a biological parent 
  • had agreed to be the primary carer (eg through a formal adoption or whangai arrangement) 
  • are the partner of a person who had agreed to be the primary carer.

You can take one paid day off after the death of another person if we agree you have suffered a bereavement.

Payment for bereavement leave is only made if you would have otherwise worked on the day. 

Talk to us if you need more time off, eg to travel overseas for a funeral.

Bereavement while on annual leave

If you suffer a bereavement while on annual leave, tell us. We will change the relevant amount of your annual leave to bereavement leave.

Bereavement on a public holiday

If you suffer a bereavement on a public holiday that would otherwise be a normal working day for you, it will count as a public holiday not bereavement leave.

Domestic violence leave

You may be able to take paid domestic violence leave if you, or a child living with you, is affected by domestic violence. This includes children who don’t live with you all the time. There is no time limit on when the abuse took place.

Domestic violence — sometimes called family violence —includes physical, sexual or psychological abuse.

This leave is available after you’ve worked with us for six months either: 

  • continuously, set hours, on a regular roster
  • doing an average of at least 10 hours a week, and at least one hour every week or 40 hours every month.

After six months, you can take up to 10 days’ paid domestic violence leave. This renews every 12 months. Unused days cannot be carried forward. We don’t have to pay you for domestic violence leave you have not taken when your employment with us ends.

If you run out of domestic violence leave, or do not qualify:

  • You can use annual leave, if you have some available.
  • You can ask for leave without pay.

Reasons domestic violence leave may be given include:

  • to get help from a domestic violence support service
  • to move house
  • to support your children.

Understanding your situation

We may ask your permission to talk to someone who can explain how domestic violence is affecting you, or the child in your care. This might be a doctor, a support worker — eg from Women’s Refuge, Whare Rokiroki (Māori Women’s Refuge), Shine — or someone else you trust.

Short-term flexible working 

As well as time off, you can ask us to work flexibly for up to 2 months. This might include changes to your:

  • work hours/days
  • where you work
  • your duties.

We understand you might choose to limit the contact details you share with us during this time.

ACC

If domestic violence means you can’t work for an extended period, and you are getting weekly payments from ACC, we will not pay you domestic violence leave as well.

Holiday leave

If you need to take domestic violence leave while on holiday, you can apply to change the relevant amount of annual leave to domestic violence leave.

Privacy

As per the law, we will not share anything — contact information or circumstances — without your permission.

Long service leave (LSL)

Long service leave and other long service benefits are not legal requirements under NZ employment law.

Parental leave

In line with our aspiration to be a business of choice, the Company provides paid salary top up parental leave to primary care givers as follows:

  • Primary carer – paid parental leave by way of a salary top up from the New Zealand Government Parental Pay amount for a period of 6 weeks top up and up to a limit of $1,200 gross per week, including the Government pay.
  • For example, if your normal gross weekly salary is $1,200 and you receive $700 from the Government, the Company will pay you the difference of $500 for 6 weeks.
  • If your normal weekly salary is $1,000 and you receive $700 from the Government, the Company will pay you the difference of $300 for 6 weeks.

Please refer to the Parents policy for eligibility criteria and more information.

Time in lieu

From time-to-time team members may be required to work extra hours to accommodate a pressing work issue, attend meetings or represent the Company outside of their usual working hours.

Time off in lieu of paid overtime will be offered as an option to team members who are required to work hours over and above their normal contractually agreed hours.

This arrangement is designed to ensure that you are not working excessive hours and to ensure work/life balance. It is not expected that time in lieu will be a standard or regular occurrence.

Time in lieu can be accrued and taken only with the prior approval of your Manager and must be approved in advance unless exceptional circumstances exist i.e., if you choose to stay late to complete work without prior approval then you will not be eligible to make a request for time in lieu.

Ideally time off in lieu will be taken within 6 weeks of the additional hours being worked. Any time in lieu worked but not taken within this time frame will be automatically paid out in the next available pay run. Any time in lieu worked but not taken will be paid out upon termination of employment at your normal hourly rate of pay.

Leave for other reasons

There are other types of leave that may be available. Special rules may apply and the leave may be paid or unpaid

Jury duty

Take this leave when you are called for jury service or to be a court witness.

Where you are called for Jury Service you will continue to be paid on full pay for 5 days of jury

service for days that would otherwise have been a working day for you. You will need to pay to the Company any juror’s fee received by you (or agree to make the equivalent deduction from your regular pay).

Any payment for Jury Service beyond 5 days is at the Company’s sole discretion.

If you are on jury service you should supply the official request to attend, the details of attendance and the amount the court has paid you.

Special leave

We may agree to requests for leave you are not entitled to in special circumstances.

Examples of special leave include:

  • when you run out of sick leave
  • to participate in an important sporting or cultural event, e.g. representing New Zealand
  • on an approved study course

This will be paid in some instances.

Health and safety training leave

Elected health and safety representatives get up to two days’ paid leave per year to attend training.

Emergency services leave

If you need to take a temporary absence from work because of voluntary emergency management activities, then you should ask your Manager for leave as soon as possible after you become aware of the need to take leave.

Global marketplace will support such activities wherever possible, as an important community service. Global Marketplace may require evidence of these activities at its discretion.

References

  • Parents policy

 

END OF POLICY

Author:People & Culture
Approved by:Belinda Lush
Review date:2 years
Effective date:31 August 2022
Date of last amendment:02 November 2023

This Policy is uncontrolled when printed.

 

Table of Contents