Changes to the Employment Relations Act 2000
Four-week minimum paid notice period
The four-week minimum paid notice period is effective from 26 November 2021. This applies to notices of termination given after this date.
Under these changes, employers are required to provide four weeks’ paid notice of termination when an unvaccinated employee’s employment agreement is terminated because their work requires vaccination. This covers situations where vaccination is required by a Government mandate, as well as when an employer decides vaccination is required on health and safety grounds.
If the employee has a notice period that is longer than four weeks as part of their terms and conditions of employment, then the longer notice period will apply.
If an employee is vaccinated before the end of this four-week period (or longer if specified in the employment agreement), or becomes authorised to do work without vaccination under a COVID-19 Order (e.g. because they get an exemption), the notice is cancelled. This is unless cancelling the termination notice would unreasonably disrupt the employer’s business.
Parties can also mutually agree to end the employment relationship before the end of the relevant notice period but they will still need to pay out the employee for the notice period.
Employees will still be able to bring a personal grievance in relation to any termination.
Paid time-off for employees to be vaccinated
The provision of paid time-off for employees to be vaccinated is effective from 26 November 2021.
To continue to support employees to be vaccinated, an employee will be entitled to reasonable paid time off during their normal working hours to be vaccinated. This is unless providing the time off would unreasonably disrupt their employer’s business or the performance of the employee’s employment duties.
The employee will need to notify their employer of when they intend to be vaccinated and how long they will expect it to take including travel time.
We know most employers have already been providing paid time-off for vaccination, and are taking steps to support employees to get vaccinated, for example by providing transportation to vaccination centres.
For more information: Employment New Zealand
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