Employment Leave Act to replace Holidays Act from 2028
New Zealand's Employment Leave Act 2026 has been passed and will replace the Holidays Act 2003 from 6 August 2028. The legislation is intended to address longstanding difficulties with the current leave system, which has been criticised as complex to interpret and administer for employers, employees and payroll providers.
Key changes coming in 2028
Leave will accrue in hours from day one
One of the more notable changes under the new system is that employees will begin accruing annual and sick leave from their first day of employment, and it will be measured in hours rather than being provided as annual entitlements after set periods.
Leave can be taken more flexibly
Employees will generally be able to take leave in hourly increments, including part-days off. One hour of accrued leave will be used for each hour of leave taken. The new system is expected to be particularly relevant for employees with variable or non-standard working patterns, where calculating leave entitlements under the current legislation has often been more complex.
A new approach to calculating leave payments
The Act introduces a single hourly leave pay rate that will apply across different types of leave, with fixed allowances continuing to be paid during periods of leave. The change aims to create a more consistent approach to leave calculations.
Clearer definitions for different working arrangements
The legislation introduces new categories of working hours:
- Standard hours: hours specified in an employment agreement that an employee may be required to work.
- Additional hours: extra hours worked beyond standard hours that attract additional payment.
- Casual hours: hours worked where there is no obligation on either party to offer or accept work.
Public holiday entitlements and alternative holidays will also move to new hours-based approaches under the Act.
Why was reform considered necessary?
According to the Ministry of Business, Innovation & Employment (MBIE), the current Holidays Act has created ongoing challenges for employers and payroll systems due to the complexity of calculating leave entitlements and payments. The new legislation was developed following several years of reviews, consultation and policy work aimed at creating a clearer and more workable framework.
What employers need to know now
Although the Act has been passed, it does not come into force until August 2028. The two-year transition period is intended to give employers and payroll providers time to update payroll systems, employment agreements and leave management processes. Until then, organisations must continue to comply with the current Holidays Act 2003 and meet any existing obligations, including remediation of historical underpayments where required.
Looking ahead
The new framework represents a substantial change in how leave is earned, taken and paid in New Zealand. Whether it delivers the simplicity and certainty intended by policymakers will become clearer as employers, payroll providers and employees begin preparing for implementation ahead of 2028.










