69J Employment of employee who elects to transfer to new employer treated as continuous

(1)

The employment of an employee who elects to transfer to a new employer is to be treated as continuous, including for the purpose of service-related entitlements whether legislative or otherwise.

(2)

To avoid doubt, and without limiting subsection (1),—

(a)

in relation to an employee’s entitlements under the Holidays Act 2003,—

(i)

the period of employment of an employee with the employer that ends with the transfer must be treated as a period of employment with the new employer for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; and

(ii)

the employer must not pay the employee for annual holidays not taken before the date of transfer; and

(iii)

the new employer must recognise the employee’s entitlement to—

(A)

any sick leave, including any sick leave carried over under section 66 of that Act, not taken before the date of transfer; and

(B)

any annual holidays not taken before the date of transfer; and

(C)

any alternative holidays not taken or exchanged for payment under section 61 of that Act before the date of transfer:

(b)

for the purposes of determining an employee’s rights and benefits to parental leave and parental leave payments under the Parental Leave and Employment Protection Act 1987,—

(i)

the period of employment of an employee with the employer that ends with the transfer must be treated as a period of employment with the new employer; and

(ii)

the new employer must treat any notice given to or by the employer under the Act as if it had been given to or by the new employer.

Section 69J: substituted, on 14 September 2006, by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).

Section 69J(2)(a)(i): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 69J(2)(a)(i): amended, on 1 April 2019, by section 7 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).