× Alert

COVID-19: New Zealand has moved to the traffic light system (COVID-19 Protection Framework). To find out the traffic light setting for your region, see covid19.govt.nz(external link). More information about workplace vaccination requirements.

Vaccines and the workplace

Guidance for employees and employers on COVID-19 vaccination requirements in the workplace.


Note: The pages in this section use the terms 'businesses', 'workers', 'employees' and 'employers'. This is because vaccination issues at work involve health and safety law, privacy and employment law. Health and safety law applies to PCBUs (Persons Conducting a Business or Undertaking, referred to as 'businesses' below) and workers (including employees and independent contractors). Employment law applies to employees and employers.


The information on this page is for employment relationships when work can only be done by a vaccinated employee. This can happen because of the following:

  • Work is covered by a Government vaccination mandate.
  • Work requires vaccination, justified by a health and safety risk assessment or the vaccination assessment tool.
  • Work is covered by a vaccination requirement set by a third party.

Work requiring COVID-19 vaccination

The Government has mandated that work be done by vaccinated people in specific sectors or business types:

  • Border and managed isolation and quarantine facilities
  • Health and disability sector
  • Education sector
  • Work in prisons
  • Food and drink services (excluding businesses operating solely as takeaways), events, close proximity services* and indoor exercise facilities like gyms
  • Work at tertiary education premises (only at the Red level of the COVID-19 Protection Framework)
  • New Zealand Police (sworn members, recruits and authorised officers)
  • New Zealand Defence Force (Armed Forces and civilian staff).

* Close proximity services are those that cannot be done without close proximity of less than 1 metre between people. Examples include hairdressers, nail salons and tattoo parlours.

To find out more, see the Unite Against COVID-19 website.

Mandatory vaccinations for workers – Unite against COVID-19 (external link)

A business can also decide work requires vaccination

Outside of Government vaccination mandates, businesses can assess whether specific work in their workplace requires vaccination if a risk assessment identifies this is necessary for work health and safety purposes.

To assess whether work needs to be done by vaccinated workers, employers may use a health and safety risk assessment process that they consider more suitable for their business.

How to decide what work requires a vaccinated employee – WorkSafe (external link)

Businesses can also use the Vaccination Assessment Tool to make decisions about vaccinations in the workplace. This has been made through regulations under the COVID-19 Public Health Response Act 2020.

Use of the tool is optional, and businesses can still choose to undertake a risk assessment approach. The tool will not override any risk assessments that have already been done.

Vaccination assessment tool – Business.govt.nz (external link)  

Other reasons for requiring vaccination of workers

There may be situations where a third party imposes a condition on its engagement with an employer, for example to only deal with the employer’s workers if they are vaccinated, or to only allow vaccinated workers onto its premises. This may arise where an employer’s workers provide services to a third party.

As long as these vaccination conditions are not unlawful, or in breach of any agreements between the parties, the employer will need to ensure its workers are vaccinated to keep doing business with the third party.

This means that an employer may need to consider which of its workers engage with the third party based on their vaccination status. An employer may also rearrange their business to ensure that its workers who are assigned to engage with the third party are vaccinated.

Supporting employees to get vaccinated

Communicate early and openly and in good faith

Employers, employees and their representatives should communicate early and openly about workplace vaccination requirements.

The duty of good faith in employment relationships and consultation requirements under the Health and Safety at Work Act also apply to conversations with all workers, not just employees.

Employers must be open and communicative and respond to workers in good faith where issues are raised by workers, including related to vaccination.

Employer and employee must do’s 

Talking to employees about the COVID-19 vaccination

If there are any practical barriers to accessing vaccination, employers should help address these. Some employees may have individual health concerns or other reasons for needing support.

How to get a vaccination – Unite against COVID-19 (external link)  

The Unite Against COVID-19 website has a toolkit with information and resources to help workplaces support COVID-19 vaccinations.

COVID-19 Vaccine: Business and workplace toolkit [PDF, 540KB] (external link)  

They also have posters, flyers and other promotional material.

COVID-19 vaccine posters, videos and flyers – Unite against COVID-19 (external link)  

Employees may have questions about the vaccine. Employers can help them by directing them to official sources for accurate information.

Before any vaccine is approved for use in New Zealand, it must meet international standards and local requirements for quality, safety and efficacy.

This does not mean employers need to debate or provide detailed answers to questions about the vaccination, its safety, and/or its effectiveness as a control against infection/transmission/severe illness.

Where detailed medical questions are raised, an employer can rely upon expert public health advice for those matters and can point employees who are concerned to that information.

Employers should consider providing an employee with access to someone who can deliver this advice in a way that is readily understood, if that was reasonable and practicable in the circumstances. This could include a medical practitioner.

Don’t share vaccine misinformation in the workplace

Sharing vaccine misinformation could, in some circumstances and in some workplaces, potentially amount to misconduct in the workplace. Employers should seek legal advice before taking any action for such conduct.

Vaccine safety and approval – Unite against COVID-19 (external link)  

Requirement to provide paid time off to get vaccinated

Employees are entitled to reasonable paid time away from work during their normal working hours to receive a dose of a COVID-19 vaccine as long as providing the time off does not unreasonably disrupt:

  • their employer’s business; or
  • the employee’s performance of their employment duties.

Before attending a vaccination appointment during work hours, an employee must let their employer know:

  • the date and time they intend to receive a vaccination, and
  • the amount of time that they expect to take as paid time off in order to receive that dose, including travel time.

If the proposed date or time would be unreasonably disruptive, the employer and employee should seek to agree on a different date or time.

In agreeing on what time off is reasonable, employers and employees should consider things like:

  • the location of the nearest vaccination centre
  • the availability of appointment times
  • transport options and travel time, and
  • the 15-minute monitoring time after a person has received a vaccination.

Employers may opt to develop a workplace policy that indicates when they will consider it reasonable to take time off to be vaccinated, so that they do not need to consider employees’ notifications on a case-by-case basis.

Employers do not need to record this leave in their payroll system, but it’s a good idea to record that the employee took this leave in case there is a dispute.

An employer must pay their employee for the time in question at the rate of pay that the employee would otherwise have received if the employee was performing their ordinary employment duties during that time. If an employee arranges vaccination outside of their ordinary working hours, they are not entitled to paid time off.

Paid time off to receive a COVID-19 vaccination is a separate entitlement to what employees get under the Holidays Act 2003. That is, employers cannot ask employees to use annual or sick leave to get vaccinated. If an employee suffers side effects because of the vaccination, any time they take off to recover can be taken as sick leave.

Asking employees for vaccination information

Employers can collect information about their employees’ vaccination status for a lawful purpose

Employers may ask employees whether they have been vaccinated and to provide proof of vaccination so long as they consider there is a lawful purpose to collect this information. This could be where work can only be done by a vaccinated worker under a Government mandate, for health and safety reasons, or to meet a vaccination requirement imposed by a third party.

Employees do not have to disclose their personal vaccination status. If they choose not to disclose their vaccination status, employers may assume they are unvaccinated, but must inform workers that they will make this assumption, and what it may mean for their employment, in advance.

Employees cannot be redeployed or disadvantaged for refusing to disclose their vaccination status, unless the work they are doing cannot be done by unvaccinated employees.

Asking if a person is vaccinated in a job interview

Employers can only ask candidates if they are vaccinated if the role could reasonably require vaccination.

For example, if an employer decides that certain work requires vaccination or the work is covered by a Government mandate, it may be reasonable to ask about an applicant’s vaccination status. 

Collecting, storing and sharing information about an employee’s vaccination status

Information will need to be collected and handled according to the Privacy Act.

Businesses must take reasonable steps to make sure information about an employee’s vaccination status is collected, used and stored lawfully.

The obligations under the Privacy Act include making sure:

  • that workers are aware of how this information will be used
  • any intended recipients of the information
  • that workers know why it is being collected
  • that it is stored securely
  • that information reasonable steps are taken to ensure the information is accurate and up to date before it is used.

Privacy and COVID-19 – Office of the Privacy Commissioner (external link)

Information for employers on record-keeping relating to vaccination of workers is available on business.govt.nz.

My Vaccine Pass – business.govt.nz (external link)

Employment actions if an employee is unvaccinated

Employers should take care to be fair and reasonable in their engagement with employees regarding vaccination, and work through processes with employees in good faith before deciding on any outcome.

Employers cannot require any individual person to be vaccinated, however, being unvaccinated may have implications for an employee’s job.

If certain work can only be done by vaccinated workers, employers should set a reasonable timeframe for employees to decide if they will be vaccinated.

If an employee cannot work during this time, special paid leave should be considered, especially in the short term while employers and employees discuss what happens next.

Changing work arrangements or duties

Employers will need to consider whether there are any alternatives to allow the employee to keep working without vaccination. Employees and employers may be able to agree on changes to work arrangements (e.g. location or hours of work) or duties (e.g. job content), which could mean that vaccination is no longer required. This outcome should be mutually agreed and independent advice may be needed if this is not possible.

Employers should also consider whether the tasks that require vaccination can be deferred. For example, if an employee has a particular reason for not being vaccinated (e.g. certain medical conditions, or existing medication regimes) then this might mean certain alternative arrangements can be agreed for the short term, with vaccination planned for a later date.

Modifying employment agreements during COVID-19 response and recovery

Taking leave

Employers and employees can together agree on a form of paid leave, either special paid leave or annual leave. Special paid leave should be considered, especially in the short term, when employers and employees are discussing whether an employee will be vaccinated and what will happen if the employee is not vaccinated. 

If an employer and employee cannot agree, the employer may direct the employee to take annual leave (if the employee has leave entitlements available) with at least 14 days’ notice.

Taking annual holidays

An employer cannot make their employee take unpaid leave without their consent. If an employer has directed their employee to take unpaid leave, this could be seen as the employer unlawfully suspending the employee.

Suspension

Restructuring work 

Employers may also consider restructuring, including redundancies, for example if they need to meet vaccination requirements imposed by a client. If so, employers should take care to comply with employment law, including acting in good faith and being consistent with any provisions in employment agreements.

Redundancy must be the last option, after all other options (e.g. redeployment where possible or rearranging work) have been exhausted. An employer and employee may agree to a negotiated end of employment. 

Workplace change 

If an employee’s agreement is terminated because they are not vaccinated

If all other reasonable alternatives that would allow the employee to keep working have been exhausted, recent changes to the Employment Relations Act require employers to provide employees with at least four weeks’ paid written notice of termination. 

It is highly unlikely to be a good faith action for an employer to direct that a worker use annual leave (if the employee has leave entitlements available), or any other entitlements that the employee has, during this paid written notice period. 

This change will only apply to employees who do not have a notice period, or whose notice periods are shorter than four weeks. If an employee has a notice period longer than four weeks in their employment agreement, that longer notice period will continue to apply.

If employees get vaccinated or are otherwise permitted to perform work under a COVID-19 order, during this four week notice period, the termination notice is cancelled, unless this would unreasonably disrupt the employer’s business. For example, where a business has hired a replacement employee and there is no other work available in the business.

If an employee loses their job because they decide not to get the COVID-19 vaccination, there may also be support available from Work and Income.

Lost job because of COVID-19 vaccination requirement – Work and Income (external link)

Support to help resolve employment disputes

Normal employment law and processes continue to apply. Employers should take care to be fair and reasonable in their employment decisions and work in good faith with employees and unions before deciding on any employment outcomes.

Employees will be able to bring a personal grievance if they feel they have been unjustifiably dismissed or disadvantaged as a result of a decision their employer has made about vaccination.

Personal grievances

Employers and employees can access support from MBIE’s mediation service to resolve employment problems.

Should mediation not resolve the dispute, the Employment Relations Authority or Employment Court can determine the issue.

Steps to resolve

How helpful was this information?

Page last revised: 16 December 2021

Still haven't found what you're looking for?

Top