Article - When Employees Take leave to perform Civil Duties
When Employees Take leave to perform Civil Duties
Employees are entitled to annual leave, sick leave, and bereavement leave under the Holidays Act 2003, but what other leave rights do employees have? Where an employee is required to undertake civil duties, including jury service, witness service, civil defence, armed service and even voting in a general election, an employee has a statutory right to these entitlements.
Jury Service Leave
The Juries Act 1981 provides, with certain exceptions, that anyone registered as an elector for a general election can be called up for jury service at any time and an employer is required to allow employees to report for jury service. Refusal may result in the employer being found in contempt of court which is viewed seriously by the court, and can result in a fine or even imprisonment.
There is often confusion as to whether an employee is entitled to be paid when on jury service. Employers are often confused as to whether or not they must make any payment to employees who are on jury service.
Jurors do receive a minimal fee for their service, ranging from $31 to $163 per day according to the time served. An employer is entitled to leave this as the employees pay for the period in which they are absent from work as a result of jury service. However, employers are at risk of being held in contempt of court if an employee claims they cannot afford to miss work to fulfil their jury service duty.
Most employment agreements require that employees pay their jury fee to the employer while in return they receive their normal weekly pay. Employment agreements also should include a direction that once the employee is no longer required at court, the employee must return to work immediately.
Witness Leave
A similar situation arises if an employee receives a summons to appear as a witness in a court proceeding. As with jury service, there can be repercussions from the court if an employer refuses to grant an employee leave from work to appear as a witness.
Although regulations provide for some payments to be made to witnesses, there is no legal requirement requiring employers to make up that employees pay when he or she receives a witness summons and is required to take time off work as a result.
Given that it is a relatively unusual occurrence in most workplaces for an employee to be summonsed as a witness, this matter is not usually addressed in employment agreements, but rather is a matter that an employer should simply be aware of and give thought to what payment they will make to their employee. In most cases, a witness will require a half day to a day off work to complete their duties.
Civil Defence – Military Service Leave
It is reasonable to expect that an employee will tell you if they are an armed service or civil defence volunteer. Similarly, they are required to inform their employer when they are called up to serve.
While an employer is not required to pay the employee while he or she is absent from work to perform such duties, under the Volunteers Employment Protection Act 1973 the employee is entitled to job protection and cannot be dismissed as a result of being absent from work for any protected voluntary service. The Act also confers other extensive rights and obligations on both the employer and the employee.
The Civil Defence Emergency Management Act 2002 provides that where an employee is required to undertake civil defence duties during a state of emergency, being flood, fire or earthquake for example, which causes them to be absent from work, they cannot be dismissed.
Similarly, the Volunteers Employment Protection Act provides that individuals who undergo any protected voluntary, armed service or training have guaranteed job protection.
Protected voluntary service includes where individuals are required for continuous service either in New Zealand or overseas in situations of war or civil defence emergency.
Time Off To Vote
On the day of an election where an employee has not had a reasonable opportunity to vote prior to starting work, section 162 of the Electoral Act 1993 requires an employer to allow the employee to leave work no later than 3pm so the employee can vote.
On such a day employees do not have to return to work and employers must not deduct any pay because of their early departure. The only exception is if the employee is required after 3pm for the purpose of carrying out essential work or service.
If you have difficulty determining which leave entitlements are proper, whether you are an employer or an employee, your Lawlink lawyer will help you.
Jury Service Leave
The Juries Act 1981 provides, with certain exceptions, that anyone registered as an elector for a general election can be called up for jury service at any time and an employer is required to allow employees to report for jury service. Refusal may result in the employer being found in contempt of court which is viewed seriously by the court, and can result in a fine or even imprisonment.
There is often confusion as to whether an employee is entitled to be paid when on jury service. Employers are often confused as to whether or not they must make any payment to employees who are on jury service.
Jurors do receive a minimal fee for their service, ranging from $31 to $163 per day according to the time served. An employer is entitled to leave this as the employees pay for the period in which they are absent from work as a result of jury service. However, employers are at risk of being held in contempt of court if an employee claims they cannot afford to miss work to fulfil their jury service duty.
Most employment agreements require that employees pay their jury fee to the employer while in return they receive their normal weekly pay. Employment agreements also should include a direction that once the employee is no longer required at court, the employee must return to work immediately.
Witness Leave
A similar situation arises if an employee receives a summons to appear as a witness in a court proceeding. As with jury service, there can be repercussions from the court if an employer refuses to grant an employee leave from work to appear as a witness.
Although regulations provide for some payments to be made to witnesses, there is no legal requirement requiring employers to make up that employees pay when he or she receives a witness summons and is required to take time off work as a result.
Given that it is a relatively unusual occurrence in most workplaces for an employee to be summonsed as a witness, this matter is not usually addressed in employment agreements, but rather is a matter that an employer should simply be aware of and give thought to what payment they will make to their employee. In most cases, a witness will require a half day to a day off work to complete their duties.
Civil Defence – Military Service Leave
It is reasonable to expect that an employee will tell you if they are an armed service or civil defence volunteer. Similarly, they are required to inform their employer when they are called up to serve.
While an employer is not required to pay the employee while he or she is absent from work to perform such duties, under the Volunteers Employment Protection Act 1973 the employee is entitled to job protection and cannot be dismissed as a result of being absent from work for any protected voluntary service. The Act also confers other extensive rights and obligations on both the employer and the employee.
The Civil Defence Emergency Management Act 2002 provides that where an employee is required to undertake civil defence duties during a state of emergency, being flood, fire or earthquake for example, which causes them to be absent from work, they cannot be dismissed.
Similarly, the Volunteers Employment Protection Act provides that individuals who undergo any protected voluntary, armed service or training have guaranteed job protection.
Protected voluntary service includes where individuals are required for continuous service either in New Zealand or overseas in situations of war or civil defence emergency.
Time Off To Vote
On the day of an election where an employee has not had a reasonable opportunity to vote prior to starting work, section 162 of the Electoral Act 1993 requires an employer to allow the employee to leave work no later than 3pm so the employee can vote.
On such a day employees do not have to return to work and employers must not deduct any pay because of their early departure. The only exception is if the employee is required after 3pm for the purpose of carrying out essential work or service.
If you have difficulty determining which leave entitlements are proper, whether you are an employer or an employee, your Lawlink lawyer will help you.