Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Employment relations education leave

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

You could also call this:

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

If you are an eligible employee and you take employment relations education leave, your employer must pay you for each day or part of a day you’re on leave. They’ll pay you either your relevant daily pay or average daily pay, as defined in the Holidays Act 2003.

However, your employer doesn’t have to pay you for any day when you’re receiving weekly compensation under the Accident Compensation Act 2001. This means if you’re getting ACC payments, your employer doesn’t need to pay you for your employment relations education leave on those days.

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 It might be out of date or be missing some parts.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=DLM59960.

Topics:
Work and jobs > Worker rights
Education and learning > Higher education
Previous

78: Eligible employee proposing to take employment relations education leave, or

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

Next

80: Object of this Part, or

“This part explains when workers can stop work and when bosses can stop workers from working, and how to give notice about these actions.”

Part 7 Employment relations education leave

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

  1. An employer must pay to an eligible employee the employee's relevant daily pay as defined in section 9 of the Holidays Act 2003 or average daily pay calculated in accordance with section 9A of that Act (as the case may be) for every day or part of a day taken by the employee as employment relations education leave.

  2. However, an employer is not required to comply with subsection (1) in respect of any day for which the eligible employee is paid weekly compensation under the Accident Compensation Act 2001.

Notes
  • Section 79(1): substituted, on , by section 18 of the Holidays Amendment Act 2010 (2010 No 126).
  • Section 79(2): amended, on , by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).
  • Section 79(2): amended on , pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).