Recent Changes in Employment Law

There is new legislation in New Zealand that aims to enhance legal protections in the workplace for people affected by domestic violence. The change came into effect on 1 April 2019.

The new law entitles employees affected by domestic violence up to 10 days of paid domestic violence leave per year, in order to deal with the effects of domestic violence. Employees will be able to take this leave as needed – similar to the existing sick and bereavement leave in your contracts.

1. Domestic Violence Leave:

An employee who has been employed for more than six months is entitled to ten paid days leave to deal with the effects of domestic violence on themselves or a child:           

An Employer can request proof that the employee (or their child/ren) are affected by domestic violence, by way of documentation such as, but not limited to:

• A medical certificate;
• Police Incident Report or Police Safety Order;
• A statement from a Social Worker or relevant Agency

2. Flexible Working Arrangements:

A victim of domestic violence will have the right to request a short term (up to two months) variation of their working arrangements. This could include a variation to days and hours of work, place of work and duties. A request must be in writing and state—

• the employee’s name; and the date on which the request is made; and
• that the request is made under this s 6AB of the Employment Relations Act 2000, and
• must specify the variation of the working arrangements requested and the period of time (which must be no longer than 2 months) for which the variation is requested; and
• specify the date on which the employee proposes that the variation take effect and the date on which it is proposed that the variation end; and
• specify how, in the employee’s view, the variation will assist the employee to deal with the effects of being a person affected by domestic violence; and
• explain, in the employee’s view, what changes, if any, the employer may need to make to the employer’s arrangements if the employee’s request is approved.

An Employer can request proof that the employee (or their child/ren) are affected by domestic violence, by way of documentation such as, but not limited to:

• A medical certificate;
• Police Incident Report;
• A statement from a Social Worker or relevant Agency

Such proof must be requested by the Company within 3 working days of the request and the Company has 10 working days to respond to the request.

Other changes to be aware of:

If you are a Kiwisaver Member as of 1 April 2019 you have the option of choosing from two new contribution rates, that being 6 and 10 percent. Please let us know if you would like to change your Kiwisaver contribution rate. Also, if you are 65 or over you can now start contributing to a Kiwisaver fund.

If you feel that any of these changes apply to you and you need some assistance in this matter, please contact us.