Annual leave, sick leave and public holidays

Employment New ZealandVerified 16 Oct 2026Official pages checked daily

The Holidays Act 2003 sets the minimum leave for employees in New Zealand. After 12 months of continuous work for the same employer, you get at least 4 weeks of paid annual leave. After 6 months, you get 10 days of paid sick leave each year. If a public holiday falls on a day you would normally work, you get the day off with pay. If you work that day, you get at least time and a half, plus an extra day off. A new Employment Leave Act will not take effect until 6 August 2028. Until then, the current rules still apply.

Key facts

Annual holidays: At least 4 weeks of paid annual leave for every 12 months of continuous work¹
How annual leave is taken: Your employer must let you take at least 2 weeks in one block, and must let you take your leave within 12 months of getting it. If you and your employer cannot agree, your employer can require you to take annual leave, but must give you at least 14 days' notice¹
Cashing up annual leave: If your employer agrees, you can exchange up to 1 week of annual leave for cash each year¹
Pay-as-you-go holiday pay: Only for fixed-term agreements of less than 12 months, or for people whose work is so irregular that it is not practical to give them annual leave. You and your employer can agree that at least 8% of your total earnings is paid with your regular pay¹
Sick leave: 10 days of paid sick leave each year. Unused days can be carried over, up to a maximum of 20 days²
Who gets sick leave: You have worked for the same employer continuously for 6 months; or, over 6 months, you have worked an average of 10 hours a week, and at least 1 hour every week or at least 40 hours every month²
Proof of sickness: If you are sick for 3 or more consecutive calendar days, your employer can ask for proof from day 3, and you pay for it. If your employer asks for proof before 3 days, your employer must pay for it²
Pay for working on a public holiday: At least 1.5 times your normal pay (time and a half)³
Limits on public holidays each year: A maximum of 12 days. A maximum of 4 days over Christmas and New Year. Only one regional Anniversary Day each year³
Remaining public holidays in 2026: Labour Day: 26 October (Monday). Christmas Day: 25 December (Friday). Boxing Day: 26 December (Saturday) or 28 December (Monday)⁴
National public holidays in 2027 (days observed): New Year's Day: 1 January (Friday). Day after New Year's Day: 2 January (Saturday) or 4 January (Monday). Waitangi Day: 6 February (Saturday) or 8 February (Monday). Good Friday: 26 March. Easter Monday: 29 March. ANZAC Day: 25 April or 26 April (Monday). King's Birthday: 7 June. Matariki: 25 June (Friday). Labour Day: 25 October. Christmas Day: 25 December (Saturday) or 27 December (Monday). Boxing Day: 26 December (Sunday) or 28 December (Tuesday)⁴
Bereavement leave: Death of a close family member, or a miscarriage or stillbirth: at least 3 days each time. Death of another person, if your employer accepts you have suffered a bereavement: at least 1 day each time⁵
Who gets bereavement leave: Same as sick leave: you have worked continuously for 6 months, or, over 6 months, you have worked an average of 10 hours a week, and at least 1 hour every week or at least 40 hours every month⁵

Who is this for, and what are the requirements?

The Holidays Act protects full-time, part-time and casual employees. Each type of leave has its own work-hours requirements.
Annual leave: you get 4 weeks after 12 months of continuous work for the same employer. Before 12 months, you can take leave in advance if your employer agrees. Your employer can say no.
Sick leave and bereavement leave: you must have worked continuously for 6 months, or, over 6 months, an average of 10 hours a week, and at least 1 hour every week or at least 40 hours every month.
Sick leave is not reduced for part-time work. A part-time employee who works 3 days a week still gets 10 days of sick leave a year.
Public holidays: you get a paid day off only if the day would otherwise be a working day for you. If you are employed only to work on public holidays, you do not get an alternative holiday.
Migrant employees on temporary visas have the same minimum leave rights as local employees.

How do I do it? Steps and process

Check your leave balance
Look at your payslip, or ask your employer for your holiday and leave records. Check how much annual leave, sick leave and alternative holidays you have left. Under New Zealand law, annual leave does not build up day by day. You get the full 4 weeks at once after 12 months. Some payroll systems show "accrued leave", and this may not match what you are actually entitled to. If you are unsure, check with your employer.
Ask for annual leave
Ask your employer as early as possible. Your employer should usually agree, unless there is a good reason to say no, for example another staff member has already booked leave for the same time. Your employer must let you take at least 2 weeks in one block. Annual leave is usually paid before you go on leave, unless you have agreed in writing that it is paid in your normal pay cycle.
Take sick leave
Tell your employer as soon as you can. You can use sick leave to look after yourself, your partner, your child or another dependant. If you are sick for 3 or more consecutive days, your employer can ask for a medical certificate, and you pay for it. You can also use sick leave for a non-routine medical appointment, where you need a diagnosis or treatment. For routine check-ups or repeat prescriptions, your employer does not have to give you leave unless your employment agreement says so.
Work on a public holiday
Your employer can require you to work on a public holiday only if the day would otherwise be a working day for you, and your employment agreement says you must work public holidays. If you work, you get at least 1.5 times your pay. If the day would otherwise be a working day for you, you also get one paid alternative holiday (also called a day in lieu), even if you worked only a few hours.
Use your alternative holiday
Agree with your employer on the day you will take off. You are paid what you would have earned that day (relevant daily pay). Alternative holidays do not expire. If you leave your job with alternative holidays not taken, they must be paid out in your final pay.
Take bereavement leave
Tell your employer as soon as you can. You do not have to take bereavement leave all at once or straight away. You can use it for anything related to the death, such as attending the funeral or a memorial service later on. You are paid only for days you would normally have worked, and you are paid in your normal pay cycle.
Get paid out when you leave
When you leave your job, your employer must pay you in your final pay for any annual leave you have not taken. This includes annual leave you have built up but not yet received because you have not reached 12 months. Unused sick leave is not paid out.

What documents do I need?

Employment agreement: check whether it gives you more leave than the legal minimum
Payslips or holiday and leave records: check your leave balances
Medical certificate: give this to your employer if they ask for it

What should I watch out for?

Working on a public holiday pays at least time and a half, not double pay. If your employment agreement gives you a higher rate, you get that rate.
Overnight shifts count too. If you work any time on a public holiday (midnight to midnight), and the day would otherwise be a working day for you, you get time and a half and one alternative holiday.
If Waitangi Day or ANZAC Day falls on a weekend and you do not normally work weekends, the holiday moves to the Monday ("Mondayised"). For Christmas Day, Boxing Day, New Year's Day and 2 January falling on a weekend: if you normally work that weekend day, the public holiday is on the weekend day. If you do not, it moves to the following Monday (sometimes the Tuesday). You cannot get the same public holiday twice.
Regional Anniversary Days fall on different dates in different regions. For example, in Canterbury it is 13 November (Friday) in 2026. Check the date published by your local council.
At the end of each year, you can carry over up to 10 days of sick leave, with a maximum balance of 20 days. You can have more if your employer agrees.
Sick during annual leave: if you get sick before your annual leave starts, your employer must let you use sick leave instead. If you get sick while already on annual leave, you need your employer's agreement to change it to sick leave.
If you need more time than your bereavement leave, you can ask your employer about taking leave in advance, using annual leave or taking unpaid leave. Your employer cannot make you use annual leave instead of bereavement leave.
The new Employment Leave Act 2026 will replace the Holidays Act on 6 August 2028. It will change how annual leave, sick leave, bereavement leave, public holidays and alternative holidays are calculated. Until then, the new rules cannot be used early. Keep your payslips and leave records now.
This page is a plain-English summary of public information. It is not legal advice. For your situation, check the Employment New Zealand website or call 0800 20 90 20.

What has changed recently?

2028-08-06
The Employment Leave Act 2026 takes effect and replaces the Holidays Act 2003. Until this date, employers and employees must keep following the current Holidays Act rules and cannot start using the new rules early. Coming soonSource: employment.govt.nz ↗
2026-08-07
Employment New Zealand announced that the Employment Leave Act 2026 has passed into law and will replace the Holidays Act. It will change how annual leave, sick leave, family violence leave, bereavement leave, public holidays and alternative holidays are earned, taken and paid.Source: employment.govt.nz ↗

Common questions

How many days of annual leave do I get in New Zealand? Can I take leave in my first few months?

You get at least 4 weeks of paid annual leave after 12 months of continuous work for the same employer. Before 12 months, you can take leave in advance only if your employer agrees, and your employer can say no. Annual leave does not build up day by day. You get the full 4 weeks at once after 12 months.

How many sick days do I get per year? Do part-time workers get sick leave too?

You get 10 days of paid sick leave each year. Yes, part-time workers get sick leave too, and it is not reduced for part-time work. First, you must have worked for the same employer continuously for 6 months. Or, over 6 months, you must have worked an average of 10 hours a week, and at least 1 hour every week or at least 40 hours every month.

My employer wants a medical certificate for sick leave. Who pays for the doctor?

It depends on how long you are sick. If you are sick for 3 or more consecutive calendar days, your employer can ask for proof from day 3, and you pay for it. If your employer asks for proof before 3 days, your employer must pay for it.

How much am I paid for working on a public holiday? Is it double pay?

You are paid at least 1.5 times your normal pay (time and a half). It is not double pay by law. If your employment agreement gives you a higher rate, you get that rate.

If I work on a public holiday, do I get a day off in lieu?

Yes, if the day would otherwise be a working day for you. You get one paid alternative holiday, even if you worked only a few hours. You do not get one if you are employed only to work on public holidays. Alternative holidays do not expire. If you leave your job without taking them, they must be paid out in your final pay.

When is Labour Day this year? How many days off do we get at Christmas?

Labour Day is on Monday 26 October in 2026, and on 25 October in 2027. There is a maximum of 4 public holidays over Christmas and New Year. In 2026, Christmas Day is Friday 25 December. Boxing Day is Saturday 26 December, or Monday 28 December if you do not normally work Saturdays. You get a paid day off only if it would otherwise be a working day for you.

A family member has died. How many days of bereavement leave can I take?

You can take at least 3 days each time a close family member dies. For the death of another person, you get at least 1 day, if your employer accepts you have suffered a bereavement. You must meet the same work-hours rules as for sick leave. You do not have to take the leave all at once or straight away.

I'm resigning. Will I be paid for my unused annual leave?

Yes. Your employer must pay any annual leave you have not taken in your final pay. This includes leave you have built up but not yet received because you have not reached 12 months. Unused alternative holidays must also be paid out, but unused sick leave is not. If you are unsure, check the Employment New Zealand website or call 0800 20 90 20.

Answers are based on the verified content of this page — the official source always prevails.

Where can I check the official information?

Taking annual holidaysEmployment New Zealand (MBIE) · employment.govt.nz
Taking sick leaveEmployment New Zealand (MBIE) · employment.govt.nz
Public holidays rights for employeesEmployment New Zealand (MBIE) · employment.govt.nz
Public holidays and anniversary datesEmployment New Zealand (MBIE) · employment.govt.nz
Taking bereavement leaveEmployment New Zealand (MBIE) · employment.govt.nz

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