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Annual Leave Explained

🌴 Your Right to Paid Time Off

Annual leave is paid time off work that employees in New Zealand build up over the year. It is a legal entitlement, not a favour from your employer, and it is set out in the Holidays Act. Understanding how it works helps you check your payslip, plan time off, and make sure you are paid correctly, especially when you leave a job.

Key Point: Most employees become entitled to a minimum amount of paid annual leave after twelve months of continuous employment, with the minimum set by law. Your employment agreement can offer more than the legal minimum, but never less. Leave is paid at the greater of your ordinary weekly pay or your average weekly earnings, which protects people whose pay varies.

Who Gets Annual Leave

Annual leave applies to employees, whether full-time, part-time, fixed-term, or casual, though how it is provided can differ. Genuine contractors are not employees and do not get annual leave, which is one reason the employee-versus-contractor distinction matters so much.

  • Full and part-time: build up leave based on continuous employment.
  • Casual employees: may receive holiday pay added to each pay instead, where genuinely casual.
  • Contractors: not entitled to annual leave.

📅 How Leave Builds Up

For most employees, the full annual leave entitlement becomes available after each twelve months of continuous employment. Before that first anniversary, you are still building toward it, and many employers let you take leave in advance by agreement.

Accrual in Practice

Although the legal entitlement arrives at each anniversary, payslips often show leave accruing gradually through the year so you can see roughly how much you have earned. The amount of leave is measured in weeks, which matters for people who work irregular or changing hours, because a week of leave should reflect what a normal working week looks like for you.

You start a job and begin continuous employment
Leave builds through the year toward your entitlement
At twelve months, the minimum annual leave entitlement becomes available
It then builds again toward the next anniversary
Leave is in weeks, not just hours: Measuring leave in weeks protects people whose hours change. If your hours increased over the year, a week of leave reflects your more recent normal week, not an old, smaller one. Check our Annual Leave Calculator for an estimate.

💰 How Holiday Pay Is Calculated

When you take annual leave, you are paid for it. The Holidays Act sets out that annual leave is paid at the greater of two figures, which protects employees whose earnings vary.

ComparisonWhat it means
Ordinary weekly payWhat you would normally earn in a week at the time you take leave
Average weekly earningsYour average weekly earnings over the past year, including things like regular overtime and commission

You are paid the higher of the two. This means if you regularly earn extra through overtime, commission, or bonuses, your holiday pay should reflect that, not just your base rate.

The 8 Percent Option for Some Workers

For genuinely casual or some fixed-term employees, holiday pay can be paid as a percentage added to each pay, commonly shown as a pay-as-you-go holiday pay line, rather than building up leave to take later. This should be clearly stated and shown separately on your payslip.

Check your payslip: Holiday pay rules are detailed and payroll errors do happen. If your leave balance or holiday pay looks wrong, especially after a pay rise or a change in hours, it is worth asking your employer to explain the calculation.

💡 Taking Leave and Leaving a Job

Taking Your Leave

Leave is taken by agreement between you and your employer. Your employer cannot unreasonably refuse a request, and they can require you to take leave with reasonable notice, for example during a Christmas closedown. You can also ask to cash up a portion of leave in some circumstances, though keeping leave for genuine rest is usually the healthier choice.

Leave When You Resign or Are Let Go

When your employment ends, any annual leave you have earned but not taken must be paid out in your final pay. This is one of the most common places payroll errors and underpayments show up, so it is worth checking.

Your job ends, by resignation, redundancy, or dismissal
Untaken annual leave is calculated and paid in your final pay
Any leave taken in advance may be deducted
Check the final figure against what you expected

Where to Get Help

Employment New Zealand publishes the official rules and a free service to check entitlements, and the Holidays Act sets the legal minimums. If you think you have been underpaid, raise it with your employer first, then seek help if it is not resolved.

Estimate your leave with the Annual Leave Calculator and your holiday pay with the Holiday Pay Calculator. Final word: annual leave is a legal entitlement measured in weeks, paid at the greater of your ordinary or average earnings, and paid out if unused when you leave. Knowing this helps you spot errors and rest without losing out. This is general information, not legal advice; always check the current rules.

🎯 Test Your Knowledge

Quiz on Annual Leave (20 Questions)

1. Annual leave in New Zealand is:
A legal entitlement set out in the Holidays Act
A favour the employer can refuse entirely
Only for managers
Available only to contractors
2. The full minimum annual leave entitlement usually becomes available after:
Twelve months of continuous employment
One week
Five years
Retirement
3. An employment agreement can offer annual leave that is:
More than the legal minimum, but never less
Less than the minimum
Zero
Only unpaid
4. Genuine contractors are:
Not entitled to annual leave
Entitled to double leave
Entitled to the same leave as employees
Always casual employees
5. Annual leave is measured in:
Weeks
Only individual hours
Months
Years
6. Measuring leave in weeks protects employees whose:
Hours change over time
Pay never changes
Job is permanent
Employer is large
7. Annual leave is paid at:
The greater of ordinary weekly pay or average weekly earnings
Always the base rate only
The minimum wage
Whatever the employer prefers
8. Average weekly earnings can include:
Regular overtime, commission, and similar earnings
Only base salary
Nothing extra
Future pay rises
9. If you regularly earn commission, your holiday pay should:
Reflect those earnings, not just base pay
Ignore the commission
Be zero
Be paid by Inland Revenue
10. Pay-as-you-go holiday pay, added to each pay, is mainly for:
Genuinely casual or some fixed-term employees
All permanent staff
Contractors
Managers only
11. Pay-as-you-go holiday pay should be:
Clearly stated and shown separately on the payslip
Hidden
Mixed into base pay with no detail
Never recorded
12. Leave is generally taken:
By agreement between employee and employer
Whenever the employee demands, with no notice
Only when the employer alone decides every day
Never
13. An employer can require you to take leave:
With reasonable notice, such as a Christmas closedown
Without any notice
Never
Only after five years
14. When your employment ends, untaken annual leave is:
Paid out in your final pay
Lost entirely
Carried to your next job
Paid by the government
15. Final pay is a common place for:
Payroll errors and underpayments to show up
Guaranteed perfect calculations
No leave to be paid
Bonuses only
16. If you took leave in advance, your final pay may:
Have that advance leave deducted
Ignore it
Double it
Add it again
17. If your leave balance looks wrong after a pay rise, you should:
Ask your employer to explain the calculation
Assume it is correct
Quit immediately
Ignore it forever
18. Official rules and an entitlement-checking service are provided by:
Employment New Zealand
A supermarket
Your bank
A social media account
19. If you believe you have been underpaid leave, a sensible first step is to:
Raise it with your employer
Tell no one
Stop working with no notice
Pay it yourself
20. The core summary of annual leave is:
A legal entitlement in weeks, paid at the greater measure, paid out if unused
Optional time the boss may cancel
Only for full-time staff
Paid only at base rate

Frequently Asked Questions

How much annual leave do you get in New Zealand?

Employees are entitled to at least four weeks of paid annual leave a year after 12 months of continuous employment.

How is annual leave paid?

At the greater of your ordinary weekly pay or your average weekly earnings, so it reflects your normal income.

What happens to my leave when I leave a job?

Any unused annual leave is paid out in your final pay, along with other entitlements owed.

Can I cash up annual leave?

You can ask to cash up to one week of annual leave a year, with your employer agreement, once the entitlement has accrued.

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