New Zealand Acts

HOLIDAYS ACT 2003 - SECT 72I

72I Payment for family violence leave

1 An employer must pay an employee an amount that is equivalent to the employee’s relevant daily pay or average daily pay for each day of family violence leave taken by the employee that would otherwise be a working day for the employee.

2 Despite subsection (1), an employer is not required to pay an employee for any time for which the employee is paid weekly compensation under the Accident Compensation Act 2001 or former Act.

3 An employer must not require an employee to take as family violence leave any time for which the employee is being paid—

a) first week compensation by the employer under section 97 of the Accident Compensation Act 2001 or former Act; or

b) weekly compensation for a work-related injury within the meaning of that Act or former Act.

4 However, if an employer pays the difference between the employee’s first week compensation or weekly compensation and ordinary weekly pay, the employer may agree with the employee that the employer may deduct from the employee’s family violence leave entitlement 1 day for every 5 whole days that the employer makes that payment.

History: Section 72I: inserted, on 1 April 2019, by section 31 of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).   Section 72I heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 72I(1): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 72I(3): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).     Section 72I(4): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).