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Public Service Act 2020

People working in public service - Public service workforce - Employment in public service continuous for purpose of certain enactments

91: Employment in public service continuous for purpose of certain enactments

You could also call this:

"Your job history counts as one continuous period when you move to a new public service job."

If you work in the public service and move to a different job, your employment is treated as continuous. This means you keep your entitlements under the Holidays Act 2003, such as annual holidays and sick leave. You also keep your entitlements under the Parental Leave and Employment Protection Act 1987 and the KiwiSaver Act 2006.

When you move to a new job, the time you worked in your old job is treated as time worked in your new job. This helps you get the holidays and leave you are entitled to. Your old employer must not pay you for holidays you did not take before you moved to your new job.

Your new employer must recognise the holidays and leave you are entitled to, including any sick leave, annual holidays, and alternative holidays you did not take before you moved. If you started your new job before you finished your old one, the rules apply from the date you started your new job. Your employment in your new job is not considered new employment for the purposes of the KiwiSaver Act 2006.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356931.

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Part 3People working in public service
Public service workforce: Employment in public service continuous for purpose of certain enactments

91Employment in public service continuous for purpose of certain enactments

  1. The employment of a public service employee to whom this section applies is to be treated as continuous for the purposes of—

  2. entitlements under the following provisions in Part 2 of the Holidays Act 2003:
    1. subpart 1 (annual holidays); and
      1. subpart 3 (public holidays and alternative holidays); and
        1. subpart 4 (sick leave and bereavement leave); and
          1. subpart 5 (family violence leave); and
          2. entitlements to leave under the Parental Leave and Employment Protection Act 1987; and
            1. the KiwiSaver Act 2006.

              1. For the purpose of subsection (1)(a),—

              2. the period of employment of the employee in agency A that ends with the date on which the employee moved to agency B must be treated as a period of employment with agency B for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; and
                1. the chief executive of agency A must not pay the employee for annual holidays, or alternative holidays, not taken before the date on which the employee moved to the position in agency B; and
                  1. the chief executive of agency B must recognise the employee’s entitlement to—
                    1. any sick leave, including any sick leave carried over under section 66 of the Holidays Act 2003, not taken before the date on which the employee moved to the position in agency B; and
                      1. any annual holidays not taken before the date on which the employee moved to the position in agency B; and
                        1. any alternative holidays not taken or exchanged for payment under section 61 of that Act before the date on which the employee moved to the position in agency B; and
                          1. any holidays not taken before the date on which the employee moved to the position in agency B in relation to which there was an agreement between the employee and agency A under section 44A or 44B of that Act.

                          2. For the purpose of subsection (1)(b),—

                          3. the period of employment of the employee in agency A that ends with the date on which the employee moved to agency B must be treated as a period of employment with agency B; and
                            1. the chief executive of agency B must treat any notice given to or by the chief executive of agency A under the Parental Leave and Employment Protection Act 1987 as if it had been given to or by the chief executive of agency B.

                              1. If the employee’s position with agency B begins before the date on which the employee’s position with agency A ends, subsections (2) and (3) must be applied as if the position with agency A ends on the date that the employee’s position with agency B begins.

                              2. For the purpose of subsection (1)(c), the employment of the employee in the position with agency B is not new employment within the meaning of that term in the KiwiSaver Act 2006.

                              3. This section applies subject to any regulations made under section 94.

                              4. In this section,—

                                agency A means a department or an interdepartmental venture that an employee moves from

                                  agency B means the department or an interdepartmental venture that an employee moves to from agency A.