New Zealand Employment Law 2026: Holidays, Sick Leave and Resignation Rights for Migrants

Whether you're a migrant settling into Kiwi life or an employer welcoming new talent, understanding your rights under New Zealand employment law is essential for a smooth transition. In 2026, with updates to visas, wages, and work conditions, knowing the rules on holidays, sick leave, and resignation ensures fair treatment and avoids common pitfalls.

New Zealand's Core Employment Rights in 2026

All employees in New Zealand, including migrants on work visas, enjoy protections under the Holidays Act 2003 and Employment Relations Act 2002. These laws apply equally regardless of nationality, but 2026 brings clarifications for open work visa holders to promote compliance and reduce exploitation. Migrants must also adhere to visa-specific conditions, such as those effective from 20 April 2026, which limit certain employment types like owning businesses or providing commercial sexual services.

The minimum wage rises to NZD $23.95 per hour from 1 April 2026, impacting all visa applications submitted after this date. Employers must update offer letters and ads accordingly to avoid visa refusals.

Holidays and Annual Leave Entitlements

Full-time employees accrue four weeks' paid annual leave per year, calculated pro-rata for part-timers. This equates to 160 hours for a 40-hour week. Migrants on Accredited Employer Work Visas (AEWV) or open work visas qualify immediately upon starting work.

• Leave can be taken in advance with agreement, but payment is at the ordinary rate.
• Public holidays like Waitangi Day and Matariki remain paid if not worked, with time-and-a-half pay for work on those days.
• From 2026, Skilled Migrant Category changes simplify wage thresholds for residence pathways, indirectly supporting stable employment for leave accrual.

Practical tip: Track your leave using tools like the Employment New Zealand calculator. If your employer disputes entitlements, contact MBIE's free mediation service.

Sick Leave and Family Support

Employees gain 10 days' paid sick leave after six months' continuous employment, increasing to 20 days after 12 months in some cases under ongoing reviews. Migrants qualify just like Kiwis, covering illness, injury, or family caring (bereavement or sick whānau).

Unpaid family leave includes up to 10 days for urgent family needs. ACC covers work-related injuries for all, with weekly compensation at 80% of average earnings after three days.

Leave Type	Entitlement (2026)	Migrant Notes
Annual Leave	4 weeks paid	Pro-rata; visa-compliant employers only
Sick Leave	10 days after 6 months	Includes whānau care; no visa restrictions
Public Holidays	11 paid days	Time-and-a-half if worked

Resignation Rights and Notice Periods

Resigning is straightforward: no law mandates notice for employees, but your employment agreement might specify 1-4 weeks. Check your individual employment agreement (IEA), required for all hires. Migrants on open work visas from April 2026 must stick to permitted work types, like 'any work' or 'for an employer only'—no self-employment.

Steps for a Fair Resignation

1. Review your IEA for notice and garden leave clauses.
2. Provide written notice to create a record.
3. Request a final pay statement, including accrued holidays and sick leave payouts.
4. If on AEWV, notify Immigration New Zealand of job changes to avoid visa breaches.

Employers can't withhold pay or final entitlements. Disputes go to the Employment Relations Authority. For migrants, visa changes like Skilled Migrant Category updates from August 2026 ease transitions to residence, rewarding compliant employment.

Special Considerations for Migrants in 2026

2026 visa reforms target fairness: open work visas split into 'any work' (e.g., partners of skilled migrants) or 'employer-only' (e.g., working holiday makers, victims of exploitation). Working holiday visa holders focus on tourism, with work supplementary.

AEWV holders benefit from National Occupation List (NOL) expansions, adding 91 skilled roles for longer stays and family sponsorship. Minimum wage hikes ensure fair pay, with INZ scrutinising employer compliance.

Common Migrant Pitfalls and Protections

• Avoid exploitation: Report breaches to MBIE or Immigration NZ hotline.
• Visa compliance: No employing others or high-risk sectors post-April 2026.
• Residence pathways: Build skilled experience at SMC median wage for eligibility.

Employers face audits; 15% recently failed job checks with WINZ. Use Employment NZ's resources for IEAs and rights.

Practical Tips for Kiwis and Migrants

Secure your rights:

• Download a free IEA template from employment.govt.nz.
• Join a union like FIRST Union for advice.
• For holidays, negotiate 'double up'—use annual leave on public holidays for extended breaks.
• Sick leave proof: Only needed after three consecutive days.
• Resigning? Time it post-holiday payout for maximum entitlements.

Migrants: Keep payslips and timesheets for ACC or IRD claims. If facing issues, contact Community Law Centres for free help.

Next Steps for a Secure Future

Review your employment agreement today and bookmark employment.govt.nz. Migrants, check visa conditions on immigration.govt.nz ahead of April changes. Employers, update wages and accreditations to stay compliant. Knowledge is your best tool—reach out to MBIE or a lawyer for personalised advice. Here's to fair work and thriving in Aotearoa.