Holidays Act remediation

The Ministry of Health / Manatū Hauora has been working to address non-compliance issues relating to the Holidays Act 2003 to ensure all current and former MoH employees receive their correct leave entitlements and payments for leave.

The forms on this page are intended for our former employees only. If you worked for one of the former district health boards and not directly for the Ministry of Health, you are not covered by our remediation processes.

Former employees of district health boards are covered by Te Whatu Ora – Health New Zealand. Please visit Holidays Act Remediation on their website for information. A secure portal is available for their former employees to register, and this will be a single point of contact and source of information for former employees nationwide. Te Whatu Ora will also reach out directly to people using their last known contact details.

Background

The Holidays Act 2003 (the Act) sets out the minimum entitlements to holidays and leave, and payment for leave, that we as an employer, are obliged to provide to our employees.

The Ministry of Health, like many other public and private sector organisations in New Zealand, has established that our payroll system and processes were not fully aligned with the Act. This has resulted in some of our current and former employees being incorrectly paid for their leave.

Compliance and remediation

We have made changes to our payroll system to ensure that our processes are now in compliance with the Act. These changes took effect from September 2021.

Accordingly, our current employees have now been remediated for historic incorrect payments of leave covering the period 1 January 2013 to 15 September 2021.

We are now turning our attention to remediation to our former employees, covering the same period.

If you were employed and paid directly by the Ministry at any point since 1 January 2013, your leave payments and final pay may not have been calculated and paid correctly. Typically, this has applied to employees who had changed hours or received regular overtime payments during the remediation period.

Remediation payments

If you worked for the Ministry during the period 1 January 2013 and 15 September 2021, you may be eligible for a payment. We are in the process of contacting former employees who are entitled to remediation payments. However, you can also contact us directly.

To do this, please email [email protected] with a fully completed Former Employee Contact Form (PDF, 217 KB) and evidence of your identity (eg, a photo or scan of your driver licence or main page of your passport).

Once we have confirmed your details, we’ll be able to let you know whether a payment is due to you, and what the next steps will be. The amounts that need to be paid will vary depending on the circumstances for each individual employee, but in many cases payments will be very small, even just cents. If you receive a remediation payment, we will email a payslip to you after the payment has been made. This will show any deductions made such as PAYE and Kiwisaver.

If you have any questions or issues with this form, email us at [email protected].

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