Do employers need to provide leave for religious and cultural holidays?

New Zealand is one of the most culturally and religiously diverse countries in the world.

The findings of the latest New Zealand Census of Population and Dwellings conducted in 2018 showed that more than a quarter of the population was born overseas (27.4 per cent). The major ethnic groups in New Zealand were identified as European, Māori, Pacific peoples, Asian and MELAA (Middle Eastern/ Latin American/ African).

Workplaces across New Zealand celebrate their diversity and significant cultural differences, however, not all religious and cultural holidays are recognised as public holidays in New Zealand. Employers need to be mindful that employees may wish to celebrate culturally important or religious days and events throughout the year such as Lunar New Year, Diwali, Ramadan, and Hanukkah. Flexibility during these periods of cultural or religious significance may be needed. Embracing celebrations from all cultures and religious beliefs is a win-win for both businesses and employees – increased job satisfaction, enhanced workplace morale, and boosted productivity are just some of the benefits.

What are your obligations as an employer?

Under the Holidays Act 2003, there isn’t a requirement for employers to provide additional leave for employees due to religious or cultural holidays. However, employers should be mindful of annual leave and should therefore expect that employees may wish to use these to celebrate their religious or cultural holidays. In this regard, employers must remember religious discrimination in the workplace is illegal. Refusing an employee’s leave request for a religious holiday should only be considered if the request for leave is unreasonable.

Employers should provide reasonable accommodations to employees who wish to fulfil their religious obligations – like taking a day off for a holiday relating to their faith. It’s best practice to approve leave requests when it’s to observe cultural or religious holidays.

How can an employer support this?

Recognising and embracing diversity in the workplace will not only show your employees that they’re valued team members, but it’s also a great way to cultivate culture, improve employee engagement and increase productivity.

Employers may wish to consult with their employees at the beginning of the year to understand whether they will require time off for any religious or cultural holidays during the year. This will allow both parties to proactively plan time off work and will reduce the number of ‘last-minute’ leave requests.

Employers can support the needs of employees participating in cultural or religious holidays by:

• agreeing with employees to use leave entitlements to take time off work (annual leave or leave without pay);
• acknowledging or celebrating these holidays in the workplace to promote awareness and inclusion; and
• agreeing to flexible working arrangements, such as a change to hours, patterns, or locations of work to accommodate the holiday.

Employers may also consider implementing workplace policies including a diversity policy that outlines a business’s commitment to anti-discrimination in the workplace, and a leave policy to mandate how employees must request leave.

If this article has raised any questions or concerns, or if you’d like to learn more about how we can help your business, please contact our workplace relations experts via our 24/7 HR Advice Line.