Special Leave in NZ: A Guide for Employers

Special leave is a type of leave from work given to employees in situations not covered by standard sick leave or annual holidays. It can include time off for pregnancy, bereavement, jury duty, or other unique needs.

For New Zealand businesses, understanding special leave is important. It ensures compliance with the Holidays Act 2003 and other workplace laws. It also helps employers support staff through major life events, which can improve workplace culture and trust. Many small and medium-sized businesses in Auckland have found that handling special leave well reduces staff turnover and boosts morale.

In this guide you’ll learn:

• What special leave is and when it applies
• Key entitlements and legal requirements in New Zealand
• How special leave differs from other types of leave
• Tips for managing requests and supporting staff
  
  

What Is Special Leave in New Zealand?

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Special leave is time off work for specific reasons outside of annual holidays or sick leave. It is provided for things like pregnancy, bereavement, jury service, or other one-off situations. While not always required to be paid, employers must follow the rules set out in the Holidays Act 2003 and employment agreements.

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An Auckland-based café owner once told us how offering a few extra days of special leave during a team member’s family crisis created loyalty that lasted for years. Stories like this show that special leave is not just about rules. It’s about people.

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Types of Special Leave in New Zealand

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There are different situations where special leave applies. Some are set by law, while others depend on agreements between employers and employees.

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Special Leave for Pregnant Employees

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Pregnant employees are entitled to up to 10 days special leave during pregnancy in New Zealand. This is separate from parental leave and is designed for things like antenatal classes or medical appointments. This leave is usually unpaid unless an employment agreement provides otherwise.

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Bereavement Leave

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Employees are entitled to bereavement leave under the Holidays Act 2003. This is different from annual or sick leave and recognises the need for time off after losing a loved one.

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Jury Service Leave

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Employees called for jury service are entitled to time off. Employers are not required to pay wages during this time, though some choose to top up what the court provides.

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Stress Leave or Wellness Leave

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While not specifically covered in the law, stress leave is often managed under sick leave entitlements or as part of wellness leave policies. Employers may choose to provide additional support to encourage mental health and wellbeing.

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Long Service Leave

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Some employers offer long service leave as a reward for loyalty. This is not required by law in New Zealand, but it is becoming more common in large organisations.

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Special Leave vs Sick Leave

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Many employers ask: Is special leave different from sick leave? Yes. Sick leave covers illness and injury. Special leave covers other unique events like pregnancy appointments, bereavement, or jury duty.

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It is important to remember that sick leave rules require employees to get at least 10 days of sick leave per year, with renewal each year. Special leave is separate and does not reduce an employee’s sick leave balance.

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Employer Tips for Managing Special Leave

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• Be Clear in Policies: Outline types of leave in contracts and staff handbooks. This avoids confusion later.
• Balance Legal and Human Needs: Follow the Holiday Act 2003 but also consider the personal needs of employees.
• Keep Records: Track accrued leave, including special leave, to ensure compliance and fairness.
• Stay Flexible: Many Auckland employers have found that small gestures, like offering wellness leave days, create stronger loyalty.

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Key Takeaways for Employers

• Special leave covers situations outside standard sick leave or annual holidays.
• The Holidays Act 2003 sets minimum entitlements like bereavement leave and pregnancy-related special leave.
• Some leave types are paid, others are unpaid.
• Clear policies and flexible approaches help employers manage leave well.
• Supporting staff with special leave improves culture and retention.

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