Support Workers (Pay Equity) Settlements Amendment Bill

11A New section 9A inserted (Minimum hourly wage rates for mental health and addiction support services provided to individual clients)

After section 9, insert:

9A Minimum hourly wage rates for mental health and addiction support services provided to individual clients

(1)

This section applies to a person (an individually funded client) who

(a)

receives funding directly from a funder towards the cost of mental health and addiction support services for that person; and

(b)

employs a person (a worker) to provide the services.

(2)

The individually funded client must pay the worker, for the provision of the services, no less than the greater of

(a)

the applicable hourly wage set out in Schedule 2; and

(b)

the ordinary hourly wage that the client was required to pay the worker under the terms and conditions of employment in place between the client and the worker immediately before the commencement of the Support Workers (Pay Equity) Settlements Amendment Act 2019.

(3)

This section does not apply if the funding received by the individually funded client is paid under a family care policy within the meaning of that term in section 70B(1) of the New Zealand Public Health and Disability Act 2000.

(4)

This section does not apply in respect of a period of time spent by a worker overnight during which the worker, under the terms of the worker’s employment agreement, is

(a)

required to be at the worker’s workplace; and

(b)

allowed to sleep at the workplace while on duty; and

(c)

required to be available to attend to the worker’s duties during the course of the night as necessary.