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Holidays (Increasing Sick Leave) Amendment Bill (Consistent) [2020] NZBORARp 53 (19 November 2020)
Last Updated: 1 January 2021
19 November 2020
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Holidays
(Increasing Sick Leave) Amendment Bill
- We
have considered whether the Holidays (Increasing Sick Leave) Amendment Bill
(‘the Bill’) is consistent with the rights
and freedoms affirmed in
the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights
Act’).
- The
Bill amends s 65(2) of the Holidays Act 2003 (‘the Act’) to increase
the minimum sick leave entitlement of employees
from 5 to 10 days.
- Section
66(2) of the Act currently provides that an employee may carry over up to 15
days sick leave to a maximum of 20 days’
current entitlement in any year.
Logically, an employee cannot carry over 15 days of unused sick leave to a
maximum of 20 days sick
leave if the minimum annual entitlement is increased to
10 days. As a consequence of the amendment to s 65(2), the Bill reduces the
amount of sick leave that may be carried over in s 66(2) from 15 days to 10
days. The maximum current entitlement, after carrying
over any unused leave from
the previous year, remains unchanged at 20 days. The Bill does not change the
ability of the employer
and the employee to agree to carry over an enhanced or
additional sick leave entitlement than is otherwise provided for under the
Act.
- A
transitional provision in the Bill will apply to existing employees as to when
they next become entitled to sick leave and may carry
over sick leave.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal
Counsel
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