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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

94: Regulations relating to treatment of employment as continuous under section 91

You could also call this:

"Rules about how your job is treated as continuous, including leave entitlements"

Illustration for Public Service Act 2020

The Governor-General can make rules about how your employment is treated as continuous under section 91. You need to know that these rules can include things like how your leave entitlements are recorded and taken. The rules can also say how different types of leave are taken, like annual holidays or other leave.

The Governor-General can also make rules about when section 91 does not apply, like if you have a certain amount of annual holidays that you have not taken. These rules can also say how and when your accumulated leave balances are transferred. The rules made under this section can be different for different types of employees or situations.

If you are wondering what an annual holiday is, it means an annual holiday provided under subpart 1 of Part 2 of the Holidays Act 2003. The Minister must recommend some of these rules after talking to public service agencies and other parties. You can find out more about how these rules are published by looking at Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356939.

Topics:
Work and jobs > Worker rights
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Part 3People working in public service
Public service workforce: Employment in public service continuous for purpose of certain enactments

94Regulations relating to treatment of employment as continuous under section 91

  1. The Governor-General may, by Order in Council, make regulations for the following purposes:

  2. prescribing requirements applicable to public service agencies to ensure that, in respect of public service employees, the entitlements to leave specified in section 91(1)(a) and (b) can be separately identified, including—
    1. prescribing requirements or any other matters concerning the manner of recording leave entitlements and the taking of leave; and
      1. without limiting subparagraph (i), prescribing requirements about the order in which entitlements to leave referred to in section 91(1)(a) or (b) and other leave entitlements are to be treated as having been taken:
      2. specifying an amount of annual holidays not taken at or above which section 91 does not apply:
        1. prescribing time frames within which the transfer of accumulated leave balances for the purpose of section 91 must occur.

          1. Regulations made under this section may apply differently to different classes of employees or circumstances or on any other differential basis.

          2. Regulations may be made under subsection (1)(b) only on the recommendation of the Minister, made after consulting with—

          3. public service agencies; and
            1. other parties that the Commissioner thinks fit.

              1. In this section, annual holiday means an annual holiday provided under subpart 1 of Part 2 of the Holidays Act 2003.

              2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 94(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).