Everyone
How employees can get ready for the changes coming in 2028
There are changes to leave coming into effect on 6 August 2028. Find out what employees can start thinking about now to get ready for the changes.
What's changing in 2028
The new Employment Leave Act will change how leave works from 6 August 2028. It will replace the Holidays Act.
If you have not read about the changes, do this first to understand what they mean for you.
We'll provide more guidance soon
Over the next 2 years we will publish guidance and resources to help you understand:
- how the changes in the new law will affect you
- how employment agreements will be updated
- how your leave balance will change
- what support is available if you have questions.
Check back here for updated information and guidance.
To find out more about what guidance will be available when, have a look at our timeline:
Timeline for Employment Leave Act guidance and resources
We also have a suggested preparation planning guide that shows when you can plan, prepare and take action before the new law starts.
What you should start thinking about
The new law starts on 6 August 2028, and you do not have to do anything now.
Before the new law starts, your employer or union should talk with you about:
- updates to your employment agreement
- updates to workplace policies
- how your leave balance will change.
The changes your employer makes must meet the requirements of the new law. They cannot change your employment agreement without talking to you first. They can offer better terms, but they cannot provide less than what the new law requires.
You can start getting ready for these changes by:
- understanding what they are, and
- getting ready for these discussions.
Changes to your employment agreement
Your employment agreement may need to be updated before the new law starts.
The changes needed will depend on what your agreement says. For example, it may need to be updated to:
- accurately reflect your hours of work
- align with the new leave entitlements and leave pay rules
- meet the new requirements about what happens to leave balances when employees transfer to a different employer
- refer to the Employment Leave Act instead of the Holidays Act.
If your employer needs to make changes to your employment agreement, they must discuss the changes with you first. Your employer must:
- give you a copy of the proposed changes
- give you time to read it and get advice about it, and
- consider compromising on any terms you are not happy with.
The new law sets the minimum amount of leave you will be entitled to. Your employer may agree to give you more leave than the new law requires. Any better leave arrangements must be agreed between you and your employer. They cannot give you less than what the new law requires.
Changes to collective agreements
If you are covered by a collective agreement, your union and employer will discuss and negotiate any changes before they can be made.
Employers and unions will use the normal collective bargaining process for these negotiations.
Changes to workplace policies
As employers prepare for the new law, they may need to update their workplace policies, for example, policies about:
- leave and holidays
- pay and allowances
- record-keeping and pay statements
- annual closedowns and agreed closures
- family violence support.
If your employer changes any workplace policies, they may be required to consult with you. For example, if your employment agreement says they will. Even if they’re not required to do this, they should still:
- tell you what’s changing
- explain why the changes are being made
- explain any impacts on you, and
- tell you when the changes will happen.
Changes to your leave balance
When the new law starts, your employer will need to change your leave balance to reflect the new way leave entitlements are calculated. How this affects you will depend on your circumstances. We will provide more information about this before the new law starts.
To make sure your leave balance is changed correctly, your current leave records need to be accurate.
You can help by:
- raising any concerns about your leave entitlements, balances, or leave pay with your employer
- keeping copies of payslips and leave records if possible.
If there are any issues now, it is easier to address them before the new law starts.