New Employment Leave Act (Replacing the Holidays Act 2003)
The government has agreed to repeal and replace the Holidays Act 2003 with a new Employment Leave Act that aims to simplify the law and make leave entitlements clearer and fairer for employers and employees. The new legislation is expected to be finalised through the Employment Leave Bill and implemented over a 24-month transition period after passage.
Shift to an Hours-Based Leave System
- Annual leave and sick leave will accrue continuously in hours from day one of employment, replacing the current system of lump-sum entitlements in weeks/days.
- Workers earn leave in proportion to hours worked, improving fairness for part-time and variable-hours employees.
Sick Leave Reform
- Sick leave accrues based on actual hours worked rather than a flat entitlement after six months.
- Employees can take leave in part-day increments, rather than needing to take a full day off.
Leave Compensation Payment for Casual and Additional Hours
- For casual employees and for hours worked beyond a contracted schedule, employers will pay a 12.5% leave compensation payment instead of accruing annual or sick leave entitlements.
- This replaces the current 8% “pay-as-you-go” system for casuals.
Parental, Bereavement and Family Violence Leave
- Bereavement and family violence leave will be available from the first day of employment.
- Parents returning from parental leave will receive full normal pay when taking annual leave, addressing previous income reductions.
Simplified Pay and Leave Statements
- Employers will be required to provide clear, itemised pay statements that show leave accrued and taken, making entitlements more transparent.
Annual Leave Cash-Up Flexibility
- Workers with large annual leave balances can request to cash up up to 25% of their total accrued leave each year (subject to employer agreement), improving flexibility.
Public Holiday and Alternative Holiday Changes
- Accrual and entitlement for alternative holidays will also move to an hours-based system.
- A new clearer test will apply to determine if an employee would have otherwise worked on a public holiday, clarifying eligibility in variable-hours situations.
Why These Changes Are Happening
The current Holidays Act has been widely criticised for being complex to apply, leading to widespread non-compliance, administrative burden, and billions in remediation payments as employers struggled to calculate entitlements correctly. The reforms seek to simplify these rules, reduce compliance costs, and ensure fairness across different types of work arrangements.
Timing
- The Employment Leave Bill is expected to continue through the legislative process in 2025–2026.
- Once enacted, there will be a 24-month transition period before full implementation across payroll systems and employment agreements.
| Entitlement / Rule | Holidays Act 2003 (Current Law) | Employment Leave Act (Proposed) |
| Annual Leave | 4 weeks after 12 months continuous employment; then another 4 weeks after each 12-month cycle. | Accrues hourly from day one of employment (0.0769 hours leave per contracted hour worked, equivalent to 4 weeks at full time). Leave is banked and doesn’t scale up/down when hours change. |
| Annual Leave Cash-Up | Up to 1 week per year can be cashed up on request (subject to agreement). | Can request to cash up 25% of total accrued annual leave each 12 months (by agreement). |
| Sick Leave | 10 days after 6 months continuous employment; then 10 days per year. Capped at 20 days. Taken in full days only. | Accrues hourly from day one (0.0385 hours per contracted hour worked, equivalent to 10 days at full time), with cap (e.g., ~160 hours). Can be taken in hours/part-days. |
| Bereavement & Family Violence Leave | Entitlement starts after 6 months continuous employment; taken as full days. | Entitlement from day one of employment; can be taken in full or part days. |
| Public Holidays — “Otherwise Working Day” (OWD) | Paid if it’s an OWD based on current definitions; alternative holidays given for working an OWD. | Maintains paid public holiday if it’s an OWD, with a clearer test (e.g., 50%+ of corresponding days worked) and more precise hour-based calculations. |
| Alternative Holidays | One alternative holiday per public holiday worked (full day), cashable after 12 months. | Hour-for-hour accrual for hours worked on public holidays that are OWDs; can be cashed up (timing subject to final Bill detail). |
| Casual / Irregular Workers | Pay-as-you-go holiday pay option (8%) may apply; sick leave application complex. | Leave Compensation Payment: 12.5% of ordinary hourly rate for all hours worked in lieu of annual/sick leave accrual for casuals and hours above contracted hours (if not otherwise compensated). |
| Leave Pay Calculation | Complex formulas under ordinary weekly pay (OWP), average weekly earnings (AWE) for annual leave, and various rules for different leave types. | Single hourly leave pay rate for all leave types (based on base wage + fixed allowances), simplifying calculations across leave types. |
| Annual Leave After Parental Leave | Annual leave pay following parental leave is calculated using historical earnings methods (may result in lower pay). | Annual leave following parental leave is paid on the same basis as standard annual leave (full normal pay). |
| Accrual During Absences | Annual leave accrues during many paid and some unpaid absences; specifics vary. | Annual and sick leave accrues during paid leave and statutory absences (including parental leave), but not during ACC or unpaid leave (policy proposals). |
| Pay Statements | Not specifically required to itemise leave accruals each pay period. | Employers must provide clear itemised pay and leave statements each pay period. |
Key Conceptual Shifts
Accrual Based on Hours Worked
- Under the new framework, nearly all leave entitlements accrue in hours from the first day of employment and are proportional to actual hours worked — moving away from annual lump-sum entitlements and rigid service-based thresholds.
Simplified Payments
- The proposal uses a single leave pay calculation and removes complicated legacy formulas (OWP/AWE), improving clarity for payroll and compliance.
Greater Flexibility for Part-Time and Casual Work
- Casual workers and those with variable hours receive leave compensation payments in lieu of accrual, and part-days may be taken for many leave types, reflecting modern work patterns.
Status and Timing
- The Employment Leave Bill is being drafted and will be subject to the parliamentary process, including public submissions and possible amendments.
- Once enacted, there will be a 24-month transition period before the new system fully replaces the Holidays Act.







