× Alert

COVID-19: Auckland and parts of the Waikato region are at Alert Level 3. Northland moves to Alert Level 2 at 11.59pm on Tuesday. The rest of New Zealand is at Alert Level 2. Mediations are being held by phone and video conference in the Auckland region.

COVID-19 alert levels and the workplace

Guidance for employees, employers, and businesses around COVID-19 alert levels and the workplace, including leave and pay entitlements, and modifying employment agreements.

Key resources

For information on what alert level New Zealand is currently at and general guidance for different alert levels, visit the COVID-19 website: Unite against COVID-19 (external link)

Employment guide for workers at different alert levels

Doing business at different alert levels – Unite against COVID-19 (external link)

Business.govt.nz has more guidance for businesses operating at different alert levels.

Workplace operations at COVID-19 alert levels Business.govt.nz (external link)

General guidance for workplaces

  • Employers and employees need to work together to slow the spread of COVID-19, protect New Zealand and keep each other safe. This means that normal obligations to keep in regular contact and to act in good faith are more important than ever.
  • Regular employment law still applies to all employment relationships – regardless of the circumstances that we find ourselves in. This includes anything that has been agreed to in an employment agreement.
  • Under no circumstances can employers pay less than the minimum wage or reduce any of employees’ legal minimum employment entitlements.
  • Employers and employees need to discuss, in good faith, any changes in work arrangements, leave and pay, or health and safety measures.
  • In the absence of an agreement to alternative working arrangements, employees need to return to work if there is no reason the employee needs to stay away from work under public health guidance from the Ministry of Health (external link)
  • If a worker is sick with COVID-19, or required to self-isolate, the first consideration for an employer should be to look after people, contain COVID-19 and protect public health. Businesses may be able to apply for the COVID-19 Leave Support Scheme to support their employees.
  • Employers should not knowingly allow workers to come to a workplace when they are sick with COVID-19 or required to self-isolate under public health guidelines for COVID-19. If they do, they are likely to be in breach of their duties under the Health and Safety at Work Act.
  • All workplaces must comply with the conditions of each alert level. To find out more visit the COVID-19 website (external link)
  • Businesses should check if they are eligible for financial support on the Work and Income website (external link)

COVID-19 financial support

Current financial support schemes for businesses, employers and employees.

Employment guide for workers at different COVID-19 alert levels

Answers to the frequently asked questions that workers may have at different alert levels.

Vaccines and the workplace

The guidance on this page is meant to provide general assistance to businesses and workers. It is not legal advice.

Leave and pay entitlements during COVID-19 response and recovery

Your rights and responsibilities regarding pay and leave during COVID-19 response and recovery.

Modifying employment agreements during COVID-19 response and recovery

Find out about options to deal with the impacts of COVID-19 in the workplace.

Terminating employment agreements during COVID-19

There are good faith processes to follow for workplace change, and redundancy should only be considered if no suitable alternative arrangements have been found.

Temporary changes to parental leave law due to COVID-19

These law changes allow some workers on parental leave to temporarily go back to work without losing their entitlements.

COVID-19: Guidance for payroll professionals

This page provides a set of key messages for payroll professionals around what employment law looks like in the COVID-19 environment to help answer any questions that are presenting.

Addressing health and safety concerns

Guidance for workers and businesses operating during the different COVID-19 Alert Level restrictions.

Wage subsidy and Leave Support: Complaints about employers

If you believe your employer is acting unlawfully in regards to the wage subsidy schemes or Leave Support Scheme, here are the steps to resolve your concerns or make a complaint.

Employment New Zealand's approach to COVID-19

Employment New Zealand is the employment regulator within MBIE. This page sets out our approach to COVID-19, and what we expect of employers and employees during this time.

COVID-19 Workers and Workplaces Assistance Fund

$2.38 million has been awarded through a contestable fund to enable business services, unions and community providers to support workers and workplaces in response to COVID-19.

Page last revised: 23 September 2021

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