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Employment Relations Act 2000

Employment relations education leave

78: Eligible employee proposing to take employment relations education leave

You could also call this:

“An employee must tell their boss about taking time off to learn about work rules at least two weeks before.”

If you want to take employment relations education leave, you need to tell your employer about it. You should let them know that you plan to take this leave, when you want to take it, and what kind of education you’ll be doing during that time.

You must tell your employer about your plans at least 14 days before you want to start your leave. This gives your employer time to prepare for your absence.

Your employer can say no to your request if they think it would cause too much trouble for the business. They need to have good reasons for saying no.

Someone else, like a union representative, can tell your employer about your leave plans for you if you want them to.

When counting the 14 days’ notice, you don’t include the days between 25 December and 5 January. This is because many businesses are closed or have different working arrangements during this time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59957.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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77: Allocation of employment relations education leave to eligible employee, or

“A union tells a worker and their boss about special days off for learning about work rules.”

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79: Eligible employee taking employment relations education leave entitled to ordinary pay, or

“Workers get their normal pay when they take time off for job-related learning, unless they're getting accident compensation.”

Part 7 Employment relations education leave

78Eligible employee proposing to take employment relations education leave

  1. An eligible employee proposing to take employment relations education leave must tell his or her employer—

  2. that the employee proposes to take that leave; and
    1. the dates on which the employee proposes to take that leave; and
      1. the employment relations education that the employee proposes to undertake during that leave.

        1. An eligible employee must not take employment relations education leave unless the employee complies with subsection (1) as soon as possible, but in any event no later than 14 days before the first day of such leave.

        2. An employer may refuse to allow an eligible employee to take employment relations education leave if the employer is satisfied, on reasonable grounds, that the employee taking employment relations education leave on the dates notified would unreasonably disrupt the employer's business.

        3. To avoid doubt, a representative of an eligible employee may comply with subsection (1) on behalf of the eligible employee.

        4. In subsection (2), day means a day of the week other than a day in the period beginning with 25 December in any year and ending with 5 January in the following year.

        Notes
        • Section 78(3A): inserted, on , by section 34 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).