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Law/Legislation

Calculating maximum leave for health and safety training

An employer must allow a maximum number of days' leave each year for the training of health and safety representatives. This number is based on how many employees are employed by the employer as at the specified date in the year, and is determined according to the following table.

Employees as at specified date in year Maximum total number of days' paid leave that employer must allow
1-5 2
6-50 6
51-280 1 day for every 8 employees, or part of that number
281 or more 35 days plus 5 days for every 100 employees, or part of that that number
  • Specified date means 1 April, and includes the period beginning on 5 May 2003 and ending on the close of 31 March 2004, includes 5 May 2003.
  • Employee means a person who has worked for their employer for at least 180 hours over the previous 12-month period.

Maximum leave calculations are subject to section 19B(4b) of the Act. This states that a participation system may specify an increase or limit to the maximum total number of days' paid leave that the employer allows a health and safety representative to take for health and safety training.

The training provider may be agreed as part of the employee participation system, or, if not, may be chosen by the employee from the list of approved providers.

A list of approved courses is available from the Employment Relations Service website.