Obligations as an employer

Obligations as an employer

Pocket Money and Taxes

Picture of a road sign that says employer. Blue sky and some clouds in the background.The renumeration package of your au pair exists of the minimum wage of $17.70 per hour together with the value of accommodation, costs and board. Your au pair will be taxed on the total of this package and get their net pocket money based on that. As the au pair’s employer you are obliged to pay your au pair’s taxes and register as an employer with Inland Revenue. An au pair is as an employee protected by New Zealand employment law, set out by the Ministry of Business, Innovation and Employment. 

Contract between you and your au pair

You and your au pair must have a written employment agreement. Au Pair New Zealand will provide you with an Au pair – Family Contract, where a.o the following information shall be provided: 

  • Start and end date of your contract
  • Hours per week your au pair is required to work
  • Net pocket money per week
  • Holiday entitlement
  • Sick leave
  • Notice period

This contract shall be signed before your au pair can book their flight and apply for a Working Holiday Visa. This is not a contract between yourself and Au Pair New Zealand (see our Terms & Conditions). 

Notice Period

In the unlikely event that there is no match between you and your au pair, despite all efforts made by Au Pair New Zealand to give you time to get to now each other, once your au pair has arrived or if any problems arise during the stay and no solution can be found, a 4 weeks notice period shall be given in writing to your au pair and Au Pair New Zealand. During this period you are responsible to let the au pair do their standard hours and pay them and also provide them with 3 meals a day, 7 days a week. 

Health and Safety

You must provide a safe workplace for your au pair and give training where needed. 

Annual Holidays

Your au pair is entitled to at least four weeks paid holidays a year. Annual holidays can be taken at any time agreed between yourself and your au pair and your au pair must be given the opportunity to take at least two of the four weeks holiday consecutively, if they wish to do so. 

Your au pair is entitled to 1 week paid holiday every three months they have worked, but you can decide to make other arrangements, e.g. 2 weeks every 6 months. If your au pair wants to take leave, but is not entitled for paid leave yet, they will need to work until they have caught up with the days they took off before they can get paid leave. 

Public Holidays

There are 11 public holidays (also known as statutory or ‘stat’ holidays) provided under the Holidays Act 2003. 

Some public holidays are Mondayised (or Tuesdayised) if they fall on a Saturday or Sunday if those days were not days that your au pair would otherwise work on. 

Your au pair is entitled to a public holiday only if the public holiday falls on a day that you au pair would otherwise have worked (if the day hadn’t been a public holiday). Your au pair is entitled to have the day off during a public holiday. This paid day off is included in their weekly pocket money.

For 2019, the dates for the Public Holidays are as followed:

Picture of the work holidays in different colours and with a heart on the letter 'h' and a flower and leaves on letters 'a', 'y' and 's'

  • New Year’s Day: 1 January
  • Day after New Year’s Day: 2 January
  • Waitangi Day: 6 February
  • Good Friday:  19 April
  • Easter Monday: 22 April
  • ANZAC DAY: 25 April
  • Queen’s Birthday: 3 June
  • Labour Day: 28 October
  • Christmas Day: 25 December
  • Boxing Day: 26 December
  • Provincial Anniversary (check HERE for info)

The public holidays over the Christmas and New Year period, Waitangi Day and ANZAC Day have special arrangements. If the holiday falls on a Saturday or Sunday and that day would otherwise be a working day, the holiday remains at the traditional day and the au pair is entitled to that day off.

Christmas & New Year’s period

If the holiday falls on a Saturday or Sunday and that day would not otherwise be a working day for your au pair, the holiday is transferred to the following Monday or Tuesday. 

If the holiday falls on a Saturday or Sunday and that day would otherwise be a working day, the holiday remains at the traditional day and the au pair is entitled to that day off.

Waitangi Day (6 February) or Anzac Day (25 April) 

If the holiday falls on a weekend, the public holiday must be treated as falling on the following Monday for au pairs who would not otherwise work on that Saturday or Sunday.

Sick Leave

In general, there is a minimum provision of five days paid sick leave a year after the first six months of continuous employment. Sick leave can be used when the au pair is sick or injured. At any time when the au pair does not have a sick leave entitlement (including the first six months of being an au pair), you and your au pair can agree that they can take the sick leave entitlement. In this case, any sick leave taken can be deducted from the next entitlement that arises. Click on more information about sick leave for details. 

ACC 

The Accident Compensation Corporation (ACC) provides comprehensive, no-fault personal injury cover for all visitors to New Zealand. If your au pair gets injured during your their visit to New Zealand, ACC may be able to help with the cost of treatment and support their need while they are here. However, it is important to be aware that your au pair cannot sue for damages arising from their personal injury – ACC cover removes that right. ACC only covers treatment and rehabilitation costs while they are in New Zealand; it is not a replacement for travel insurance and does not cover illness, disrupted travel plans or emergency travel to get them back home. When an au pair comes to New Zealand, they are advised to have a health and travel insurance from their home country. Contact ACC for more information.

The following rules apply in relation to the ACC scheme:

When an au pair takes leave for the first week of a non-work accident, sick leave may be used.

If your au pair has a work-related accident, you have to pay “first week compensation” and cannot require your au pair to take that time off as sick leave.

If your au pair receives “first week compensation” for a work-related accident, you and your au pair can agree that you will top up the “first week compensation” payment from 80% to 100% by reducing their sick leave entitlement by one day for each five days leave taken.

If your au pair has a work-related or non-work-related accident and remains on weekly compensation, you cannot require your au pair to take time off as sick leave.

You have no obligation to pay your au pair, when they receive a weekly compensation from ACC.

Where the period of leave on ACC is in excess of five days (for either workplace or non-work accidents), you and your au pair can agree that you will top up the ACC payment from 80% to 100% by reducing your au pair’s sick leave entitlement by one day for each five days’ leave taken.

Visa requirements

 World map in the background with a passport on the top and to the right of the passport a visa.

It is your responsibility as an employer to make sure that your au pair does not stay longer than the maximum period they allowed to work for the same employer (you) as per their Working Holiday Visa. Any breach of this is a breach of the New Zealand Immigration Law. You can check the Working Holiday Visa of your au pair.