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Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

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employment

Taking time off to vote: Employer obligations

Key Takeaway

New Zealand law allows employees paid time off during working hours to vote in parliamentary and local elections. Employers must permit a reasonable period for voting and cannot penalise staff for exercising this right. This entitlement ensures all eligible workers can participate in democratic processes without financial detriment or fear of reprisal from their employer.

Time Off for Voting: Employee Rights and Employer Obligations in New Zealand

In New Zealand, employees have specific rights regarding time off to cast their vote during elections. These rights primarily fall under electoral law, ensuring that individuals can participate in the democratic process without facing adverse consequences in their employment.

Right to Time Off for Voting

Employees are entitled to take a reasonable period of time off from their work duties to vote during working hours. This right applies to both parliamentary elections (general elections) and local authority elections [Source: Electoral Act 1993, s 193(1), s 193(3)]. The law ensures that an employee's ability to vote is not hindered by their work schedule.

Employer's Obligation to Allow Time Off

An employer must permit an employee to be absent from their work for a reasonable period to exercise their right to vote [Source: Electoral Act 1993, s 193(1)]. The term 'reasonable period' is not explicitly defined in the legislation but is generally understood to mean the amount of time necessary for the employee to travel to a polling place, cast their vote, and return to work, considering their work location and the proximity of polling booths.

Payment for Time Taken Off

When an employee takes time off to vote during working hours, their employer must not deduct any pay, salary, or wages for that period. Furthermore, the employee must not suffer any other loss or diminution of their employment benefits [Source: Electoral Act 1993, s 193(2)]. This means the time off is paid time, ensuring employees do not incur a financial penalty for participating in an election.

Protection Against Penalisation

The law prohibits employers from dismissing, suspending, or penalising an employee, or threatening to do so, because the employee has exercised or intends to exercise their right to vote [Source: Electoral Act 1993, s 193(1)]. 'Penalise' in this context means to subject an employee to any detriment, disadvantage, or unfavourable treatment. This provision is designed to protect an employee's electoral right and prevent employers from interfering with it.

When to Seek Independent Legal Advice

Individuals seeking specific information about their employment rights or an employer's obligations in relation to time off for voting, or who believe their rights have been breached, are advised to seek independent legal advice. Information can be obtained from Employment New Zealand for general employment matters, or Community Law Centres for free legal advice across various areas of law, including employment. Community Law Centres provide a valuable service for those who cannot afford private legal counsel and can be found at https://communitylaw.org.nz/.

Key Resources