# Employment during and after disasters Official source: https://www.employment.govt.nz/resolving-problems/employment-during-and-after-disasters Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Resolving problems Employment during and after disasters Resolving problems Resolving problems Problems in the workplace Misconduct Bullying, harassment and discrimination Illness and injury Migrant exploitation Work relationship problems How to resolve problems Protected disclosure Employment during and after disasters Addressing Holidays Act non-compliance Everyone Employment during and after disasters During and after a disaster or emergency, employers and employees need to consider issues like health and safety, emotional wellbeing and payment options. If a natural disaster or other serious event happens, the health, safety and security of people should be the main concern of all employers An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). and employees Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). . This comes before thinking about the interests of the business or organisation. Employers and employees should remember to keep in regular contact and deal with each other in good faith An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way. . Pay and leave if an employee is not working after a natural disaster or emergency If the workplace cannot be accessed, is closed, or is open but the employee is unable to work, employers and employees should refer to their employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. , workplace policies Workplace policies and procedures explain the rules and expectations in the workplace. and the specific circumstances to determine leave and pay. Generally, if the situation is not covered under a lawful provision within an employment agreement or workplace policy, an employer is required to pay an employee who is ready, willing, and able to work if work is not available through no fault of the employee (for example, if the workplace has no power). In these situations, it is important to act in good faith An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way. and apply common sense. Working from home An employer is entitled to ask their employees to do all or some of their work from home, provided their home is safe and it is possible for the employee to work remotely. If an employee can work from home safely, with agreement from their employer, they must be paid as normal for each and every hour that they work as set out in their employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. unless both they and their employer agree, in writing, that they will be paid at a different rate while they are working from home. If an employee is unable to work from home, and it is unclear what they should be paid, the employee and the employer should consult the employment agreement, and discuss and try to reach agreement in good faith An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way. on what approach will be taken. If the workplace is severely damaged and or it will be closed for a prolonged period (particularly where working from home is not suitable), then they should seek expert advice on their options. Any agreement that is made should be recorded by both parties, particularly if it changes the terms and conditions in the employment agreement, for example, hours of work or rate of pay. Work from home If the employee is unable to work If the natural disaster or emergency situation is not covered in the employment agreement and it is not appropriate or possible for the employee to work, it is up to both parties to discuss the situation in good faith and determine the basis for the employee being off work. Options for leave and payment Leave options are relevant where work can be performed but the employee is unable to work for personal reasons. Options include: annual holidays Paid time away from work for rest and recreation. anticipated annual holidays or additional annual holidays using an entitled alternative holiday A paid day off to take at another time. Employees get an alternative holiday when they work on a public holiday that is an otherwise working day. special leave, either as provided for in employment agreements or workplace policies or by agreement between the employer and employee leave without pay sick leave Paid time away from work that eligible employees can take to care for themselves, their partners or children, or other dependants. if the employee’s partner or dependants are injured or sick and they have sick leave available, or if the employer agrees to provide sick leave in advance or extra sick leave other paid or unpaid leave either as provided for in employment agreements or workplace policies, or by agreement between the employer and employee advance on wages. Whichever option the employer and employee agree on may depend upon the circumstances, including the nature and extent of the disaster and how long it lasts for. Once all leave entitlements under the Holidays Act 2003 and any negotiated additional leave or any anticipated leave entitlements run out, employees and their employers will need to consider further options in good faith (and consider the impact these options will have on business recovery later). Employers can make employees take entitled annual holidays if: they cannot reach agreement with their employee about when annual holidays will be taken and they give the employee at least 14 days' notice, or they regularly close down for a certain period every year and give the employee at least 14 days’ notice. If an employer closes the workplace unexpectedly, for example, if there were a sudden closure of the workplace following a natural disaster, and an employee refuses to take annual holidays with less than 14 days' notice and is prepared to come into work, they cannot be made to take annual holidays. Taking annual holidays There are special rules for shift workers relating to cancelling a shift or ending a shift early. If an employee is a shift worker and is willing and able to carry out their agreed hours of work, but their employer: cannot provide them with work, or cannot provide them with access to a suitable and safe workplace this is considered a cancellation of the employee’s shift. Whether an employee is entitled to compensation from their employer for ‘cancelling’ these agreed shifts or ending a current shift early will depend on the terms of their employment agreement, the date of their employment agreement, and the specific circumstances of the cancellation. If the date of an employee’s employment agreement was 1 April 2016 or later, their employment agreement and employer must comply with the shift cancellation requirements of the Employment Relations Act 2000. This means their employer cannot cancel 1 or more of their shifts unless: the employment agreement has: a reasonable period of notice for cancellation, and reasonable compensation payable to the employee if the employer cancels a shift without giving reasonable notice, and the employer either gives the employee the above notice or pays the reasonable compensation above, and cancelling the shift does not breach the employment agreement. If the employment agreement does not have a valid shift cancellation provision and the employer cancels a shift anyway, the employer must pay the employee what they would have been paid if they had worked the shift. Employers must also pay employees what they would have been paid if they had worked the shift if: the shift is cancelled but the employer does not tell the employee until the start of the cancelled shift, or the rest of the shift is cancelled when the employee has already started the shift. In this situation, the pay the employee gets when the shift is cancelled is included in their ordinary weekly pay and relevant daily pay. It’s unlawful if the employer does not comply with the law about providing reasonable notice or reasonable compensation for shift cancellation. If an employee’s employment agreement is dated before 1 April 2016, their employer has until 1 April 2017 to comply with the shift cancellation provisions of the Employment Relations Act 2000. Employees may still be able to claim compensation depending on what their employment agreement says. Employees who are not sure if their employer is required to compensate them should seek further advice. If an employee is not entitled to compensation for shift cancellation, their employment agreement may have other options relating to a disaster that apply to their situation. If none of these apply, they can still discuss options for leave and holidays with their employer in good faith. This may also apply when the current roster ends and the employer and employees have not agreed to a new roster. Hours of work The workplace after a disaster or emergency After a disaster, always follow the advice of the Ministry of Civil Defence and Emergency Management — they are the experts. Civil Defence - National Emergency Management Agency (external link) Be careful, and exercise care and good judgement at all times. If there is damage to any buildings, be alert and cautious if you are entering affected areas. Never enter areas cordoned off for safety reasons — you could put yourself or others at risk. Building assessments and re-entry after a disaster Following a flood, earthquake, significant aftershock, or other natural disaster, it’s primarily the building owner’s responsibility to ensure that buildings are assessed to determine if they have withstood the event and remain structurally sound (in accordance with the Building Act 2004). Employers who occupy the building should follow the owner’s advice and be satisfied that the owner is performing their role. If an engineer or other competent professional advisor advises to not re-occupy the building, the building should not be re-occupied. The local council advises building owners to conduct assessments following an emergency if: the owner or employer thinks the building might have been damaged in some way there are any known structural weaknesses in the building that previous assessments have identified and have been brought to the attention of the owner or employer there’s an aftershock during an earthquake event. A reassessment should be made particularly if structural damage was observed, but after smaller events it may not be necessary. For more information read WorkSafe New Zealand's operational policy. The Health and Safety at Work Act 2015 also supports this approach. Dealing with earthquake-related health and safety risks: information for PCBUs and building owners - WorkSafe (external link) The owner and the employer are both PCBUs and have duties to consult and engage with each other, and to work together in relation to the health and safety of employees and others affected by their respective businesses. Who or what is a PCBU - WorkSafe (external link) If there is any chance that a workplace may not be safe, employers should make a careful external visual inspection before allowing employees back in. If the employer’s external visual inspection is clear and damage is unlikely, they should still make an internal visual inspection before letting employees back in the building. If there is the slightest doubt about the integrity of the building, exit immediately and get an expert assessment report before anyone goes in. When making a visual inspection or entering the building for the first time, as a precaution you should: be on alert as the contents of the building may have shifted and material may have fallen. There might be new hazards or risks, for example, spilled liquids or damaged racking for stored goods, uneven or damaged floors make sure you are protected with appropriate protective gear if you know there are chemicals or other dangerous materials in your workplace, and be careful when you first go in. Stop — look — assess — and do not take any risks. If you are unsure or have any concerns, there are professionals who can help you make your workplace safe treat all services as live and avoid any exposed wiring make sure there is at least 1 clear exit (wedge a door open and keep your exit path clear from debris) wear a suitable safety mask (in case of dust), safety helmet and safety goggles take a torch if necessary have someone keeping watch outside who can go for help if you strike a problem and cannot get out assume any water is contaminated with sewage, for example, water dripping onto floors. If you know or suspect that there may be hazardous dusts, for example, asbestos or silica, in the workplace, contact WorkSafe or seek professional assistance before entering. A simple dust mask may not protect you from exposure, and appropriate respiratory protective equipment must be selected, fitted and worn by someone with sufficient training to wear it properly and ensure that it’s effective. WorkSafe (externa