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Employment Relations Act 2000

Transitional provisions

Schedule 3A: Provisions relating to COVID-19 vaccinations

You could also call this:

“Rules about COVID-19 vaccinations for workers and their employment”

This schedule explains rules about COVID-19 vaccinations for workers. You can get paid time off work to get vaccinated if it doesn’t cause too much trouble for your job or your employer’s business. You need to tell your employer when you plan to get vaccinated and how long you’ll be away.

If your job requires you to be vaccinated because of a law or your employer’s decision, and you don’t get vaccinated, your employer might end your job. Before they do this, they must try all other options first. If they decide to end your job, they have to give you at least 4 weeks’ notice in writing and pay you during this time.

If you get vaccinated or are allowed to work without being vaccinated before the notice period ends, your employer might cancel the notice. However, they don’t have to if it would cause too many problems for their business. Even if your job is ended, you can still complain about it if you think it’s unfair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS606875.

Topics:
Work and jobs > Worker rights
Health and wellbeing > Public health
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3AProvisions relating to COVID-19 vaccinations

1Interpretation

  1. In this schedule, unless the context otherwise requires, COVID-19 order and vaccinated have the same meanings as in section 5(1) of the COVID-19 Public Health Response Act 2020.

Notes
  • Schedule 3A clause 1: inserted, on , by section 22 of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

2Employee entitled to paid time off to be vaccinated

  1. An employee is entitled to reasonable paid time off during their normal working hours to receive a dose of a COVID-19 vaccine if providing the time off would not unreasonably disrupt—

  2. their employer’s business; or
    1. the performance of the employee’s employment duties.

      1. Before taking paid time off under subclause (1), the employee must notify their employer of—

      2. the date and time on 1 or more days on which the employee intends to receive a dose of a COVID-19 vaccine; and
        1. the amount of time that the employee expects to take as paid time off in order to receive that dose, including any time spent travelling to or from a location to receive the dose.

          1. An employer may refuse to allow an employee to take paid time off under subclause (1) only if satisfied, on reasonable grounds, that providing the paid time off would unreasonably disrupt the employer’s business or the performance of the employee’s employment duties.

          2. Paid time off must be paid at the rate of pay that the employee would otherwise have received if the employee were performing their ordinary employment duties during that time.

          Notes
          • Schedule 3A clause 2: inserted, on , by section 22 of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

          3Termination of employment agreement for failure to comply with relevant duties or determination

          1. This clause applies to the following employees:

          2. an employee who has a duty imposed by or under the COVID-19 Public Health Response Act 2020 not to carry out work (however described) unless they are—
            1. vaccinated; or
              1. required to undergo medical examination or testing for COVID-19; or
                1. otherwise permitted to perform the work under a COVID-19 order:
                2. an employee whose employer has determined the employee must be vaccinated to carry out the work of the employee.

                  1. For the purposes of subclause (1)(b), the employer must give the employee reasonable written notice specifying the date (the specified date) by which the employee must be vaccinated in order to carry out the work of the employee.

                  2. If the employee is unable to comply with a duty referred to in subclause (1)(a) or a determination referred to in subclause (1)(b) because they fail to comply with the relevant requirements of the COVID-19 Public Health Response Act 2020 or a COVID-19 order, or they are not vaccinated by the specified date, their employer may terminate the employee’s employment agreement by giving the employee the greater of—

                  3. 4 weeks’ paid written notice of the termination:
                    1. the paid notice period specified in the employee’s terms and conditions of employment relating to termination of the agreement.

                      1. Before giving a termination notice under subclause (3), the employer must ensure that all other reasonable alternatives that would not lead to termination of the employee’s employment agreement have been exhausted.

                      2. A termination notice given under subclause (3) is cancelled and is of no effect if, before the close of the period to which the notice relates, the employee becomes—

                      3. vaccinated; or
                        1. otherwise permitted to perform the work under a COVID-19 order.

                          1. Subclause (5) does not apply if cancelling the notice would unreasonably disrupt the employer’s business.

                          2. Nothing in this clause—

                          3. prevents an employee whose employment agreement is terminated under subclause (3) from bringing a personal grievance or legal proceedings in respect of the dismissal:
                            1. prevents the parties to the employment relationship from mutually agreeing—
                              1. to terminate the employee’s employment agreement; and
                                1. that the employer will pay the employee in accordance with subclause (3).

                                Notes
                                • Schedule 3A clause 3: inserted, on , by section 22 of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).