Holidays Remediation Act

Access has undertaken a review of how we accrue our Leave entitlements. It allowed us to review how we have historically calculated Annual Leave, Family Violence leave, Bereavement leave, Alternate Day leave, Public Holiday and Sick Leave (FBAPS).

This process identified a limited number of people who were incorrectly paid their leave entitlement. We have been working with the Labour Inspectorate to look at how some of our employees’ statutory leave entitlements have been calculated and paid in the past (July 2017 – July 2023).

Those affected are typically waged employees who have worked different hours and days on a week-by-week basis.

Holidays Act 2003 Remediation Update

We are contacting employees of Access Community Health and Total Care Health Services or employees who were employed by us between July 2017 and July 2023.

For Former Employees

If you have received communication from us indicating you are owed a payment please complete the form below and we will be in touch.

If you were not contacted and want to enquire, please email holidays_act@access.org.nz and give your name, when you were employed, and IRD number so we can check your eligibility.

Holidays Act Remediation Form

Privacy Statement

Any personal information you provide will be treated in accordance with the Privacy Act 2020. By providing your personal information via this portal, you consent to Access Community Health using that information for the Holidays Act remediation process. For clarity, as an example this includes any necessary disclosure to authorised third parties such as IRD, MSD, and ACC, among others. Access Community Health will not use or disclose personal information collected in this process for any other purpose. We cannot process any back payment without this information from you.

You are entitled to access and/or correct any personal information held by Access Community Health about you. If you wish to do so, please contact privacy@access.org.nz. Any requests will be managed in compliance with the Privacy Act 2020.

Frequently Asked Questions

How do I know if I am affected?Grant Difford2024-12-03T13:34:57+13:00

How do I know if I am affected?

We have contacted former and current employees who are entitled to a payment by email, text, or letter.

These issues may affect some employees who worked at Access Community Health and Total Care Health Services between July 2017 and July 2023, particularly employees who have worked different hours and days on a week-by-week basis.

Not all employees who worked during this period will be affected.

For some former employees we do not have up to date contact information. After checking your junk email, you can email us to check if you are impacted on holidays_act@access.org.nz.

What documents do I need to provide?Grant Difford2024-12-03T13:35:04+13:00

What documents do I need to provide?

Proof of identity: Any one of – Passport, New Zealand driver licence.
Tax code and IRD number: A signed Tax Code Declaration Form (IR330).
Proof of bank account: Any document that contains your name and bank account number. This may be a bank statement, deposit slip or screenshot from your online banking. Whichever form of evidence you choose will need to show the bank’s logo and your full account number.
If you wish to contribute a percentage of your remediation amount to your KiwiSaver, you must upload a completed KiwiSaver deduction form (KS2).

Why can’t you use my information you have on file?Grant Difford2024-12-03T13:35:11+13:00

Why can’t you use my information you have on file?

We need to ensure that we have the correct details for you including your current contact information, bank account, tax code/rate, and Kiwisaver.

Can I get my payment paid into someone else’s bank account?Grant Difford2024-12-03T13:35:28+13:00

Can I get my payment paid into someone else’s bank account?

No, the bank account must be either held by you or jointly held by you.

How will the back payment affect my tax and other benefits?Grant Difford2024-12-03T13:35:37+13:00

How will the back payment affect my tax and other benefits?

The remediation payments will be treated as an ‘extra pay’ for tax purposes and is part of your income.

You should seek your own legal and tax advice. We are not able to provide this for you.

You must seek your own advice on how your back payment may impact child support, benefits or other such payments you may receive.

Will Access make company Kiwisaver contributions on top of my contribution for any payment due to me?Grant Difford2024-12-03T13:35:48+13:00

Will Access make company Kiwisaver contributions on top of my contribution for any payment due to me?

If you participate in Kiwisaver, Access will make company Kiwisaver contributions on the following basis: 3% employer contribution regardless of the contribution you make, you are an active Kiwisaver member aged between 18 and 65 and are not on a savings suspension at the time of the payment.

Will you pay interest on any payments?Grant Difford2024-12-03T13:35:54+13:00

Will you pay interest on any payments?

No.

Have you talked to the unions?Grant Difford2024-12-04T16:39:01+13:00

Have you talked to the unions?

Yes, we have engaged with our unions NZNO, E tū, and the PSA, as well as MBIE about the process.